People v. . Van Zandt
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered January 30, 1918, at a Trial Term for the county of Fulton, 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. The evidence does not indicate that Van Zandt was intoxicated to such an extent, if at all, that he could not have premeditated the commission of the crime.
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Appeal from a judgment of the Supreme Court, rendered January 30, 1918, at a Trial Term for the county of Fulton, 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. The evidence does not indicate that Van Zandt was intoxicated to such an extent, if at all, that he could not have premeditated the commission of the crime. (People v. Governale, 193 N. Y. 581; People v. Barberi, 149 N. Y. 256; People v. Schmidt, 168 N. Y. 568; People v. Ferraro, 161 N. Y. 365; People v. Krist, 168 N. Y. 19; People v.…
1Opinion of the Court
Andrews, J.:
On October 30th, 1917, the defendant shot and killed one Rebecca Thompson. For the homicide he was indicted, tried and convicted of murder in the first degree. As a defense it was claimed that he was insane. This question was properly submitted to the jury. It found against him and could hardly have done otherwise.
The case contains, however, testimony which,- if believed, might, have led the jury to conclude that at the time of the ■shooting Van Zandt was intoxicated to a greater or less degree. If it believed that he was intoxicated to any extent it should then say whether such…
2Cases cited1 opinion
- People v. GerdvineNew York Court of Appeals · 1914
3Cited by10 opinions
- People v. KoerberNew York Court of Appeals · 1926
- People v. CintronAppellate Division of the Supreme Court of the State of New York · 1980
- People v. TrisvanAppellate Division of the Supreme Court of the State of New York · 1975
- Marcus v. MeyersonAppellate Division of the Supreme Court of the State of New York · 1958
- People v. CaverioAppellate Division of the Supreme Court of the State of New York · 1955
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