People v. Allocca
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Raphael Allocca, from a judgment of the County Court of Queens county, entered in the office of the clerk of said county on the 7th day of December, 1913, convicting him of the crime of murder in the second degree.
1Opinion of the Court
Jenks, P. J.:
The proof justified a finding that on the evening of Sunday, September 8, 1907, Joseri was killed by a pistol shot as he was leaving the .house kept by the woman Marietta, and that he had been last with a number of persons in the dram shop in that house. But the proof did not justify any finding that defendant fired the shot or was privy to the killing.
The defendant, a young man about 20 years old, worked ■ in the barber shop of his older brother, about a mile distant. It does not appear that he knew Joseri. The People’s version is that defendant interfered in a quarrel between…
2Cases cited4 opinions
- Real v. . the PeopleNew York Court of Appeals · 1870
- Brazil v. StateSupreme Court of Georgia · 1903
- People v. . ElliottNew York Court of Appeals · 1900
- People v. . StoneNew York Court of Appeals · 1889
3Cited by5 opinions
- People v. MontlakeAppellate Division of the Supreme Court of the State of New York · 1918
- State v. MilosevichOregon Supreme Court · 1926
- Ward v. StateDistrict Court of Appeal of Florida · 1977
- People v. AdamsAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MontanaNew York Supreme Court · 1928