People v. . Boggiano
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered at a Trial Term for the county of Erie, September 29, 1903, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. No deliberate and premeditated design to effect the death of the person killed has been shown in this case.
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Appeal from a judgment of the Supreme Court, rendered at a Trial Term for the county of Erie, September 29, 1903, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. No deliberate and premeditated design to effect the death of the person killed has been shown in this case. (Stokes v. People, 53 N. Y. 164; People v. Beckwith, 103 N. Y. 360; People v. Conroy, 97 N. Y. 62.) The testimony establishing self-defense, corroborated by the People's evidence, precludes the possibility of premeditation or…
1Opinion of the CourtMartin, J.
It was claimed by the People that the defendant had become infatuated with the decedent’s wife, between whom and the decedent there had been domestic difficulties, and that ill-feelings had arisen between the defendant and the decedent, which, together with such infatuation, constituted a motive on the part of the defendant to commit the alleged crime. He testified in his own behalf, admitting that he killed the decedent, but claimed that it was in self-defense. He also denied making the threats v/hich were alleged and proved, or that he had any interest in the decedent’s ■wife other than…
2Cases cited8 opinions
- The People v. . ConroyNew York Court of Appeals · 1884
- People of the State of New York v. . MajoneNew York Court of Appeals · 1883
- Leighton v. . People of the State of New YorkNew York Court of Appeals · 1882
- People v. . KennedyNew York Court of Appeals · 1899
- People v. . ConstantinoNew York Court of Appeals · 1897
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3Cited by4 opinions
- People v. RomeroNew York Court of Appeals · 2006
- People v. . GovernaleNew York Court of Appeals · 1908
- People v. . SilvermanNew York Court of Appeals · 1905
- People v. . BarnesNew York Court of Appeals · 1911