People v. . O'Connor
This text of 67 N.E. 1087 (People v. . O'Connor) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The facts of this case do not differ from those of People v. Sullivan (173 N. Y. 122), except in the features of identification of this defendant and of an attempt to establish an alibi. There was such proof as to these defenses, in the testimony of the witnesses and in the circumstances disclosed, that the determination of the jury is conclusive upon us. This defendant and Sullivan were proved to the satisfaction of the jury to have been jointly engaged in the same criminal scheme, which resulted in the killing of Wilson, the night watchman of Cobleskill. The verdict in that respect rests upon sufficient evidence, and no legal ques *478 tion is raised which was not settled by the decision in Sullivan's case.
The judgment of conviction must, therefore, be affirmed upon the authority of that case.
Parker, Oh. J., Gray, O’Brien, Bartlett, Haight, Martin and Vann, JJ., concur.
Judgment of conviction affirmed.
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Cite This Page — Counsel Stack
67 N.E. 1087, 175 N.Y. 477, 13 Bedell 477, 1903 N.Y. LEXIS 1029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-oconnor-ny-1903.