Flanigan v. . People of State of New York
New York Court of Appeals
Ebbob to the General Term of the Superior Court of the city of Buffalo, to review judgment entered upon an order made July 23, 1881, which affirmed a judgment of a criminal term of said court, entered upon a verdict convicting the plaintiff in error of the crime of murder in the first degree. The plaintiff in error was indicted for the murder of one John Karins.
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Ebbob to the General Term of the Superior Court of the city of Buffalo, to review judgment entered upon an order made July 23, 1881, which affirmed a judgment of a criminal term of said court, entered upon a verdict convicting the plaintiff in error of the crime of murder in the first degree. The plaintiff in error was indicted for the murder of one John Karins. It appeared by the evidence that the deceased kept a boarding-house for laborers upon a railroad, and also was foreman or boss. The prisoner boarded with Karins, and had formerly been at work under him, but about three months before…
1Opinion of the CourtMiller, J.
It is claimed that the judge erred upon the trial-in refusing to charge, as requested by the prisoner’s counsel, “ that, from all the evidence in the case, the jury may believe, if they see fit, that the prisoner may have been the victim of an appetite for drink, entirely overcoming his will and amounting to a disease; and that, if they so believe, they must acquit the prisoner, unless they believe, beyond a reasonable doubt, that the act was not committed while his mind was overwhelmed by the effects of the liquor so taken.” The proposition contained in this request was to the effect that…
2Cases cited4 opinions
- The People v. . RogersNew York Court of Appeals · 1858
- People v. . CaseyNew York Court of Appeals · 1878
- Flanagan v. . People of the State of N.Y.New York Court of Appeals · 1873
- Kenny v. . the PeopleNew York Court of Appeals · 1865
3Cited by12 opinions
- Montana v. EgelhoffSupreme Court of the United States · 1996
- State v. RobinsonWest Virginia Supreme Court · 1882
- State v. WallaceOregon Supreme Court · 1942
- People v. GerdvineNew York Court of Appeals · 1914
- Upstone v. PeopleIllinois Supreme Court · 1883
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