Legal Opinion

People v. . Becker

New York Court of Appeals

Decided May 25, 1915PublishedCited by 78 opinions

Appeal from a judgment of the Supreme Court rendered May 29, 1914, at a Trial Term for the county of New York upon a verdict convicting the defendant of the crime of murder in the first degree. Also appeal from an order of said court, entered February 26, 1915, denying defendant’s motion for a new trial on the ground of newly-discovered evidence. The facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Supreme Court rendered May 29, 1914, at a Trial Term for the county of New York upon a verdict convicting the defendant of the crime of murder in the first degree. Also appeal from an order of said court, entered February 26, 1915, denying defendant’s motion for a new trial on the ground of newly-discovered evidence. The facts, so far as material, are stated in the opinion. Defendant’s guilt was not established beyond a reasonable doubt but the verdict is against the overwhelming weight of the evidence and is thus contrary to law. (People v. Fitzgerald, 156 N. Y.…

1Opinion of the Court

Willard Bartlett, Ch. J.:

The principal appeal brings up for review the second trial of Charles Becker for the murder of Herman Rosenthal. The homicide occurred shortly before 2 o’clock a. m., on the 16th day of July, 1912, when the victim was shot to death on the sidewalk in front of the Hotel Metropole on West 43rd street near Broadway. Four men were actually concerned in the fatal shooting, namely, Jacob Seidenshner, Frank Cirofici, Louis Rosenberg and Harry Harowitz—better known to their associates respectively as Whitey Lewis, Dago Frank, Lefty Louie and Gyp the Blood—and frequently…

2Cases cited18 opinions

  1. Donnelly v. United StatesSupreme Court of the United States · 1913
  2. People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
  3. People v. . PrioriNew York Court of Appeals · 1900
  4. People v. . McKaneNew York Court of Appeals · 1894
  5. People v. . EverhardtNew York Court of Appeals · 1887

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3Cited by78 opinions

  1. People v. CabanNew York Court of Appeals · 2005
  2. People v. . ShilitanoNew York Court of Appeals · 1916
  3. People v. NievesNew York Court of Appeals · 1986
  4. People v. . DixonNew York Court of Appeals · 1921
  5. People v. MleczkoNew York Court of Appeals · 1948

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