People v. Jackson

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

Page 521

221 N.Y.S.2d 521
10 N.Y.2d 816, 178 N.E.2d 234
PEOPLE, etc., Respondent,
v.
Nathan JACKSON, Appellant.
Court of Appeals of New York.
Oct. 5, 1961.

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.

[178 N.E.2d 235] 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 practice notes
  • United States ex rel. Jackson v. Follette, No. 527
    • United States
    • U.S. Court of Appeals — Second Circuit
    • June 23, 1972
    ...was amended to show that the court had considered but rejected Jackson's arguments pertaining to the voluntariness of his confession. 10 N.Y.2d 816, 221 N.Y.S.2d 521, 178 N.E.2d 234. Certiorari was denied, 368 U.S. 949, 82 S.Ct. 390, 7 L.Ed.2d 344 (1961), as were a stay of execution, 82 S.C......
  • Trotter v. Stephens, No. PB-64-C-62
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of 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......
  • Duncan v. State, 7 Div. 614
    • United States
    • Supreme Court of Alabama
    • June 30, 1965
    ...determined the question. After losing his appeal (People v. Jackson, 10 N.Y.2d 780, 219 N.Y.S.2d 621, 177 N.E.2d 59; amended opinion, 10 N.Y.2d 816, 221 N.Y.S.2d 521, 178 N.E.2d 234; cert. denied, 368 U.S. 949, 82 S.Ct. 390, 7 L.Ed.2d 344), Jackson sought habeas corpus in a federal district......
  • Com. ex rel. Butler v. Rundle
    • United States
    • United States State Supreme Court of Pennsylvania
    • January 12, 1965
    ...or early 1961. The 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 [416 Pa. 327] United States denied certiorari. 368 U.S. 949, 82 S.Ct. 390, 7......
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11 cases
  • United States ex rel. Jackson v. Follette, No. 527
    • United States
    • U.S. Court of Appeals — Second Circuit
    • June 23, 1972
    ...was amended to show that the court had considered but rejected Jackson's arguments pertaining to the voluntariness of his confession. 10 N.Y.2d 816, 221 N.Y.S.2d 521, 178 N.E.2d 234. Certiorari was denied, 368 U.S. 949, 82 S.Ct. 390, 7 L.Ed.2d 344 (1961), as were a stay of execution, 82 S.C......
  • Trotter v. Stephens, No. PB-64-C-62
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of 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......
  • Duncan v. State, 7 Div. 614
    • United States
    • Supreme Court of Alabama
    • June 30, 1965
    ...determined the question. After losing his appeal (People v. Jackson, 10 N.Y.2d 780, 219 N.Y.S.2d 621, 177 N.E.2d 59; amended opinion, 10 N.Y.2d 816, 221 N.Y.S.2d 521, 178 N.E.2d 234; cert. denied, 368 U.S. 949, 82 S.Ct. 390, 7 L.Ed.2d 344), Jackson sought habeas corpus in a federal district......
  • Com. ex rel. Butler v. Rundle
    • United States
    • United States State Supreme Court of Pennsylvania
    • January 12, 1965
    ...or early 1961. The 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 [416 Pa. 327] United States denied certiorari. 368 U.S. 949, 82 S.Ct. 390, 7......
  • Request a trial to view additional results

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