People v. Morehouse
New York Supreme Court
Appeal from court of sessions, Chemung county. The defendant, Stanley Morehouse, was tried for an assault on James Welch, who, under Code Crim. Proc. N. Y. §§ 183,184, authorizing a private person to arrest another for a crime committed or attempted in his presence, attempted to arrest defendant for pointing a gun at and threatening to shoot one Edward Decker if he did not stop.
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Appeal from court of sessions, Chemung county. The defendant, Stanley Morehouse, was tried for an assault on James Welch, who, under Code Crim. Proc. N. Y. §§ 183,184, authorizing a private person to arrest another for a crime committed or attempted in his presence, attempted to arrest defendant for pointing a gun at and threatening to shoot one Edward Decker if he did not stop. When Welch attempted to arrest defendant he pointed the gun at Welch, and threatened to shoot him if he came any further. Defendant claimed that Welch had no authority to arrest him, as he had not committed any crime;…
1Opinion of the CourtMartin, J.
This is an appeal from a judgment of the court of sessions of Chemung county, on the conviction of the defendant of assault in the second degree, and from an order denying a motion for a new trial. The indictment was for assault in the first degree. The offense was committed at the village of Wellsburg, in that county, on the 4th day of November, 1886. On the day named the defendant met Edward Decker on one of the streets of the village, ordered him to stop, raised a gun to his shoulder, cocked it, pointed it towards Decker, and threatened to shoot him if he came any further. Decker stopped,…
2Cases cited6 opinions
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1872
- State v. ShepardSupreme Court of Iowa · 1859
- Crow v. StateTexas Supreme Court · 1874
- The People v. . BransbyNew York Court of Appeals · 1865
- State v. . HorneSupreme Court of North Carolina · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. SchutteSupreme Court of New Jersey · 1915
- Beck v. LibraroAppellate Division of the Supreme Court of the State of New York · 1927
- People v. WoodAppellate Division of the Supreme Court of the State of New York · 1960
- People v. WoodAppellate Division of the Supreme Court of the State of New York · 1960