Godfrey v. . People of the State of N.Y.
New York Court of Appeals
Error to the General Term of the Supreme Court in the first judicial department, affirming a judgment of the Court of General Sessions, in and for the city and county of Mew York, entered upon a verdict convicting plaintiff in error of the crime of mayhem. (Reported below, 5 Hun, 359.) The evidence tended to show that the accused and the complainant had been playing cards together and got into a quarrel over the game, which resulted in a fight.
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Error to the General Term of the Supreme Court in the first judicial department, affirming a judgment of the Court of General Sessions, in and for the city and county of Mew York, entered upon a verdict convicting plaintiff in error of the crime of mayhem. (Reported below, 5 Hun, 359.) The evidence tended to show that the accused and the complainant had been playing cards together and got into a quarrel over the game, which resulted in a fight. The parties closed and during the struggle the accused bit off a piece of complainant’s ear. At the close of the evidence the counsel for the prisoner…
1Opinion of the CourtMiller, J.
The statute under which the plaintiff was indicted and convicted is as follows :
“ Every person who, from premeditated design, evinced by laying in wait for the purpose or in any other manner, or with intention to kill or commit any felony, shall (1) cut out or disable the tongue ; or, (2) put out an eye; or, (3) slit the lip or slit or destroy the nose; or, (4) cut off or disable any limb or member of another, on purpose, upon conviction thereof shall be punished,” etc. (2 R. S., 664, § 27.)
A question is made by the prisoner’s counsel whether, as the case stood upon the evidence, the prisoner…
2Cited by5 opinions
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