People v. . Riordan
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made at the November Term, 1888, which reversed a judgment of the Court of Sessions of Herkimer county, entered upon a verdict convicting the defendant of manslaughter in the second degree, and granted a new trial. The facts, so far as material, are stated in the opinion. The • defendant’s requests to charge should have been refused.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made at the November Term, 1888, which reversed a judgment of the Court of Sessions of Herkimer county, entered upon a verdict convicting the defendant of manslaughter in the second degree, and granted a new trial. The facts, so far as material, are stated in the opinion. The • defendant’s requests to charge should have been refused. (People v. Schryver, 42 N. Y. 9; Shorter Case, 2 id. 197; People v. Sullivan, 7 id. 399; Pratt v. Ogden, 34 id. 20, 22; Lee v. T. C. G. L. Co., 98…
1Opinion of the CourtAndrews, J.
The conviction in this case cannot be disturbed unless there was error in the charge. The rule that in criminal ■cases the defendant is entitled to the benefit of a reasonable doubt applies not only to the case as made by the prosecution, but to any defense interposed. (Stokes v. People, 53 N. Y. 164; Brotherton v. People, 75 id. 159; O' Connell v. People, 87 id. 377; People v. McCann, 16 id. 58.) The defendant •on the trial sought to establish that the homicide was committed in self-defense. This issue was tried and submitted to the jury as a material issue in the case. This court cannot…
2Cases cited1 opinion
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
3Cited by19 opinions
- People v. McManusNew York Court of Appeals · 1986
- People v. VictorNew York Court of Appeals · 1984
- State v. HazletNorth Dakota Supreme Court · 1907
- People v. SandgrenNew York Court of Appeals · 1951
- State v. ArdoinSupreme Court of Louisiana · 1911
14 more not listed; retrieve them via the Exa API.