Tully v. . People
New York Court of Appeals
Error to the General Term of the Supreme Court, in the second judicial department, to review judgment affirming judgment of the Court of Oyer and Terminer of the county of Kings, convicting plaintiff in error of the crime of mayhem.
Read the full summary
Error to the General Term of the Supreme Court, in the second judicial department, to review judgment affirming judgment of the Court of Oyer and Terminer of the county of Kings, convicting plaintiff in error of the crime of mayhem. The indictment charged that the plaintiff in error “ in and upon one Walter Westlake, in the peace of God and of the people of the State, then and there being, willfully and feloniously and with premeditated design, did make an assault, and that the said Owen Tally with the teeth of him, the thumb of him, the said Walter Westlake, then and there willfully and…
1Opinion of the CourtAkdbews, J.
The offence of mayhem is defined by the statute as follows : “ Every person who, from premeditated design, evinced by lying 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 destroy the nose; or (4) cut off or disable any limb or member of another on purpose, on conviction thereof, shall be imjuisoned, etc.” (2 R. S., 665, § 27.)
The prisoner was convicted under this statute for disabling the thumb of the prosecutor by biting. The parties at the time of the…
2Cases cited3 opinions
- United States v. BachelderU.S. Circuit Court for the District of New Hampshire · 1814
- Frazer v. PeopleNew York Supreme Court · 1863
- Godfrey v. . People of the State of N.Y.New York Court of Appeals · 1875
3Cited by12 opinions
- People v. FitzgeraldNew York Court of Appeals · 1978
- State v. CodyOregon Supreme Court · 1890
- People v. FlahertyNew York Supreme Court · 1894
- State v. YoungWashington Supreme Court · 1900
- People v. WrightCalifornia Supreme Court · 1892
7 more not listed; retrieve them via the Exa API.