People v. David

Decided January 15, 1849

Court Of Oyer And Terminer New York · decided 1849-01-15

Lsdictment for murde. In the early part of an evening, in November, the deceased and the prisoner, both of whom were laboring men, both common drunkards, and both then intoxicated, ran against each other in the street. A scuffle ensued between them, which resulted in the deceased being thrown or knocked down, and prisoner was led away by some of the bystanders.

Cited by 1 later decisions — most recently February 1897

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1849-01-15

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The Judge

¶1charged the jury that the main question was, whether the offense was murder or manslaughter in the second degree. Murder was effecting death with intention to kill. Manslaughter in the second degree was effecting death in a cruel and unusual manner, without an intention to kill.

¶2The only facts in the case from which the jury might infer an intention to Mil, was the returning to the deceased after he was prostrate, and then perpetrating the violence, and Ms having twice said he hoped he had killed Mm, but whether that was merely the ebullition of a drunken man in Ms passion, or the utterance of a premeditated design to effect death, was for the jury to consider, but it would not do for the jury to convict for murder unless they were clearly satisfied there was such premeditated design.

¶3The verdict was, guilty of manslaughter in the second degree.