40 N.Y. 348 | NY | 1869
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The question arising upon the record in this case, is whether a verdict convicting the accused of murder *353
in the second degree, upon an indictment containing a single count for murder, drawn as required by the common law, is legal, and whether such verdict authorizes a judgment convicting the accused, and inflicting the punishment imposed by statute for that offence. In Fitzgerald v. The People (
All the judges concurring, judgment affirmed.