People v. . Deacons
New York Court of Appeals
Appeal under chapter 493, Laws of 1887, from judgment of the Court of Oyer and Terminer, in and for the county of Monroe, entered upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material to the questions discussed, are set forth in the opinion. This case, upon careful reading, will be found to contain no element of murder, either in the first or second degree, but a case of manslaughter, if anything.
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Appeal under chapter 493, Laws of 1887, from judgment of the Court of Oyer and Terminer, in and for the county of Monroe, entered upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material to the questions discussed, are set forth in the opinion. This case, upon careful reading, will be found to contain no element of murder, either in the first or second degree, but a case of manslaughter, if anything. (Penal Code, §§ 183, 184, 189; People v. Hayes, Id. 582; People v. Devine, Id. 594; Darey v. People, 10 N. Y. 120; 2 Parker, 606; Stokes…
1Opinion of the CourtFinch, J.
The conviction of the prisoner is sought to be reversed upon two principal grounds; one that his confessions of the murder should have been excluded; and the other that his offense was less in degree than that established by the verdict of the jury.
There was no error in admitting those confessions. They were made to the officers having him in charge, to the public prosecutor, to the reporters of the newspapers, and in some singular verses which he seems to have composed of his own volition, and without suggestion from any quarter. The Code of Criminal Procedure (§ 395) provides that the…
2Cases cited2 opinions
- The People v. . GonzalezNew York Court of Appeals · 1866
- People v. BadgleyNew York Supreme Court · 1836
3Cited by35 opinions
- People v. LyttonNew York Court of Appeals · 1931
- People v. . RoachNew York Court of Appeals · 1915
- People v. AllenMichigan Court of Appeals · 1972
- People v. . BraschNew York Court of Appeals · 1908
- People v. CuozzoNew York Court of Appeals · 1944
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