People v. Murphy

Appellate Division of the Supreme Court of New York

People v. Murphy

241 A.D. 741

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1934

StatusPublished

This text of 241 A.D. 741 (People v. Murphy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Murphy, 241 A.D. 741 (N.Y. Ct. App. 1934).

Pincite

Opinion

Judgment of conviction of the County Court of Dutchess county reversed on the law and the facts and a new trial ordered. The first count of the indictment should have been dismissed as there is no evidence that the defendant forged the check in question. The circumstances seem to indicate that the defendant, in uttering the check, did not do so with deliberate criminal intent. In justice to the defendant, the facts relative to his mental condition should have been shown, and a defense of insanity should have been interposed. Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ., concur.

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Judgment of conviction of the County Court of Dutchess county reversed on the law and the facts and a new trial ordered. The first count of the indictment should have been dismissed as there is no evidence that the defendant forged the check in question. The circumstances seem to indicate that the defendant, in uttering the check, did not do so with deliberate criminal intent. In justice to the defendant, the facts relative to his mental condition should have been shown, and a defense of insanity should have been interposed. Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ., concur.

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Bluebook (online)

241 A.D. 741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-murphy-nyappdiv-1934.