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· 3/15/1944

Kimball v. Louer

Citations

  • 267 A.D. 933
  • 46 N.Y.S.2d 827
  • 1944 N.Y. App. Div. LEXIS 5574

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that a justification defense may be asserted against a charge of depraved indifference murder
  • stating that “whenever justification is sufficiently interposed by the defendant, the People must prove its absence to the same degree as any element of the crime charged”
  • “whenever justification is sufficiently interposed by the defendant, the People must prove-its absence to the same degree as any element of the crime charged”
  • ‘‘light most favorable’’ analysis requires instruction to be given if any reasonable view of evi- dence would permit fact finder to find sufficient evi- dence for affirmative defense
  • ‘‘light most favorable’’ analysis requires instruction to be given if any reasonable view of evi- dence would permit fact finder to find sufficient evi- dence for affirmative defense
  • which was decided subsequent to Jacobs

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.