People v. Loppy

Citations

• 8 N.Y. Crim. 318
• 3 Silv. Ct. App. 533
• 40 N.Y. St. Rep. 410

Syllabus

<p>In reviewing the evidence under section 538 of the Code of Criminal Procedure as amended by L. 1887, chapter 493, the court of appeals will be governed by the practice regulating appeals to the supreme court in dealing with questions of fact. This practice regards the jury as- the ultimate tribunal for the investigation of questions of fact, and unless there are circumstances indicating some partiality, mistake, error, or prejudice on their part, to regard their findings on disputed and conflicting evidence as conclusive.</p> <p>Upon a trial of defendant for murder of his wife, the following facts appeared: Defendant and his wife lived together in a crowded tenement house in New York city. Defendant was idle and dissipated, and for two years before the murder had been supported by the earnings of his wife, from whose inability or refusal to give him money resulted frequent quarrels, during which he often threatened to kill her. At six o’clock on the morning of the day of the death of deceased, defendant and deceased had a quarrel, defendant obtaining from her some money, then going out and becoming drunk. At eleven o’clock in the forenoon deceased and defendant had another quarrel, during which defendant abused deceased and threatened her life. About three o’clock in the afternoon the witness, who had been present at these two quarrels, returned to the rooms of defendant, but found the door locked, and after some delay, upon defendant’s ascertaining who he was, was admitted and saw the dead body of deceased fully dressed lying on the floor. Defendant, whose hands and clothing were stained and spattered with blood, was partially undressed and appeared to be intoxicated. Upon inquiry, he said that his wife had killed herself with the scissors. Defendant then called in the other inmates of the house and told them that Ms wife had killed herself. When half a pair of scissors was found, defendant took it and held it behind him, and when asked what was in his hand, sai