Legal Opinion

People v. . McGonegal

New York Court of Appeals

Decided November 29, 1892PublishedCited by 35 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1891, which affirmed a judgment of the Court of General Sessions of the city and county of ¡New York, convicting the defendant of the crime of manslaughter in the first degree. The facts, so far as material, are stated in the opinion. Every part of this case is reviewable on the appeal. (Code Grim.

Read the full summary

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1891, which affirmed a judgment of the Court of General Sessions of the city and county of ¡New York, convicting the defendant of the crime of manslaughter in the first degree. The facts, so far as material, are stated in the opinion. Every part of this case is reviewable on the appeal. (Code Grim. Pro. § 517.) The defendant is as fully entitled to the protection of the law as is the prosecution, and to greater protection, for the law seeks, and intends, to…

1Opinion of the CourtMaynard, J.

The defendant, a physician, was convicted at the New York General Sessions, of the crime of manslaughter in the first degree, for causing the death of a young unmarried woman by the felonious use of instruments in order to produce an abortion.

The first exceptions, deserving attention, relate to the disposition of the challenges of the parties to individual jurors. The prosecution was permitted to reserve its right of peremptory challenge in each case until after the challenges on both sides for actual bias had been disposed of ; but was required to exercise such right, if it desired to do so,…

2Cases cited5 opinions

  1. People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Greenfield v. . PeopleNew York Court of Appeals · 1878
  3. The People v. . CarpenterNew York Court of Appeals · 1886
  4. State v. BurnsSupreme Court of Missouri · 1884
  5. United States v. NoelkeU.S. Circuit Court for the District of Southern New York · 1880

3Cited by35 opinions

  1. People v. CulhaneNew York Court of Appeals · 1973
  2. State v. TennysonSupreme Court of Minnesota · 1942
  3. Johnson v. PeopleSupreme Court of Colorado · 1905
  4. People v. GenoveseNew York Court of Appeals · 1962
  5. State v. ThorneUtah Supreme Court · 1912

30 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API