People v. . Marwig
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered February 20, 1919, at a Trial Term for the county of Erie, 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. There is no proof that a murder was committed while any robbery was being committed. (Penal Law, § 1044.) The proof shows conclusively that any attempted robbery had been abandoned before the shooting occurred.
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Appeal from a judgment of the Supreme Court, rendered February 20, 1919, at a Trial Term for the county of Erie, 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. There is no proof that a murder was committed while any robbery was being committed. (Penal Law, § 1044.) The proof shows conclusively that any attempted robbery had been abandoned before the shooting occurred. (People v. Lawton, 56 Barb. 126; People v. Dolan, 64 N. Y. 485 ; People v. Hüter, 184 N. Y. 237; People v. Sullivan, 173 N. Y. 135;…
1Opinion of the Court
Crane, J.:
The defendant has been convicted of murder in the first degree for having killed one George Weitz in the city of Buffalo on the 8th day of 27ovcmber, 1918. The defendant himself did not actually kill Weitz. Walter Bojanowski, a companion of the defendant, fired the fatal shot to release Marwig from the clutches of Weitz, who had seized him after the commission of a crime by the two men in Weitz’s store. Bojanowski was indicted with Marwig, but the defendants were tried separately.
Weitz was the manager of a jewelry store on Genesee street in the city of Buffalo. On the day mentioned,…
2Cases cited7 opinions
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- People v. . MarendiNew York Court of Appeals · 1915
- People v. . HuterNew York Court of Appeals · 1906
- People v. . SchleimanNew York Court of Appeals · 1910
- People v. KnappMichigan Supreme Court · 1872
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3Cited by46 opinions
- People v. MoranNew York Court of Appeals · 1927
- People v. WalshNew York Court of Appeals · 1933
- People v. JacksonNew York Court of Appeals · 1967
- People v. WoodNew York Court of Appeals · 1960
- Commonwealth v. DorisSupreme Court of Pennsylvania · 1926
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