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People v. Murphy

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1934
241 App. Div. 741 (N.Y. App. Div. 1934)

Opinion

March, 1934.


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.


Summaries of

People v. Murphy

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1934
241 App. Div. 741 (N.Y. App. Div. 1934)
Case details for

People v. Murphy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM P. MURPHY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 1934

Citations

241 App. Div. 741 (N.Y. App. Div. 1934)