People v. Jackson

Citation10 N.Y.2d 816,221 N.Y.S.2d 521
Parties, 178 N.E.2d 234 PEOPLE, etc., Respondent, v. Nathan JACKSON, Appellant.
Decision Date05 October 1961
CourtNew York Court of Appeals Court of Appeals

Appeal from County Court, Kings County.

The defendant was convicted of murder in the first degree under Section 1044 of the Penal Law, Consol.Laws, c. 40. The County Court, Kings County, Hyman Barshay, J., rendered judgment.

The defendant appealed to the Court of Appeals, and a motion was made in the Court of Appeals for enlargement of time.

The Court of Appeals, 9 N.Y.2d 793, 215 N.Y.S.2d 505, 175 N.E.2d 164, granted motion for enlargement of time.

The defendant contended in the Court of Appeals that he was improperly and illegally convicted, and that his constitutionally guaranteed rights were violated and infringed by the improper admission of his confession into evidence, and that the failure of the County Court to instruct the jury adequately on the law pertaining to the confession was error, and that the defendant's guilt was not established beyond a reasonable doubt, and that reversible error was committed by withholding statements of witnesses and grand jury testimony from defense counsel. The People of the State of New York contended in the Court of Appeals that the defendant's guilt was established beyond a reasonable doubt and that no errors, which affected the validity of the judgment of conviction, were committed on the trial.

The Court of Appeals, 10 N.Y.2d 780, 219 N.Y.S.2d 621, 177 N.E.2d 59, affirmed the judgment of conviction. Froessel, J., dissented.

Motions were made in the Court of Appeals for reargument and to amend the remittitur.

Motion for reargument denied. Motion to amend the remittitur granted. Return of the remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States, viz.: Whether the rights of defendant to due process under the Fourteenth Amendment were violated in that defendant contended (1) that his confession was coerced and not voluntary, and (2) that he was deprived of a fair trial by the failure and refusal of the trial court to instruct the jury that in determining the voluntary nature of the confession, they were to consider his physical condition at the time thereof. The Court of Appeals held there was no violation of any constitutional right of said defendant.

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11 cases
  • Duncan v. State
    • United States
    • Alabama Supreme Court
    • June 30, 1965
    ... ... He told Duncan that there was a two-way mirror in the room, but he did not tell him that the effect of that mirror was to permit people from the outside to see and observe what was going on in the polygraph room without themselves being seen. He did not tell Duncan that a permanent ... Jackson v. State, 83 Ala. 76, 3 So. 847; White v. State, 260 Ala. 328, 70 So.2d 624, and the accused should be given the opportunity to present such ... ...
  • Trotter v. Stephens
    • United States
    • U.S. District Court — Eastern District of Arkansas
    • April 30, 1965
    ...and afford it weight accordingly. Jackson was found guilty and sentenced to death. On appeal, the case was affirmed, People v. Jackson, 10 N.Y.2d 816, 178 N.E.2d 234 (1961), cert. denied 368 U.S. 949, 82 S.Ct. 390, 7 L.Ed.2d 344 (1961). Jackson's subsequent petition for habeas corpus was de......
  • Com. ex rel. Butler v. Rundle
    • United States
    • Pennsylvania Supreme Court
    • January 12, 1965
    ...New York Court of Appeals affirmed his conviction. 10 N.Y.2d 780, 219 N.Y.S.2d 621, 177 N.E.2d 59 (1961), amended, 10 N.Y.2d 816, 221 N.Y.S.2d 521, 178 N.E.2d 234 (1961). The Supreme Court of the United States denied certiorari. 368 U.S. 949, 82 S.Ct. 390, 7 L.Ed.2d 344 (1961). Thereafter, ......
  • United States ex rel. Jackson v. Follette
    • United States
    • U.S. Court of Appeals — Second Circuit
    • June 23, 1972
    ... ... On Jackson's motion, with the State's consent, the New York Court of Appeals amended its remittitur, vacated its judgment and remanded the case to the Supreme Court, Kings County, for a new trial. People v. Jackson, 15 N.Y.2d 851, 257 N.Y.S.2d 958, 205 N.E.2d 877 (1965) ...         At the second trial the prosecution again introduced evidence pertaining to felony as well as to premeditated murder. Appellant promptly objected on double jeopardy grounds and preserved his objections in all ... ...
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