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Cited "see, e.g."
State v. Ogden
(2×)
In Mussenden , the New York Court of Appeals, interpreting statutes identical to ORS 136.460 and 136.465, stated: "It has been repeatedly written that if, upon any view of the facts, a defendant could properly be found guilty of a lesser degree or an included crime, the trial judge must submit such lower offense. * * * And it does not matter how strongly the evidence points to guilt of the crime charged in the indictment, or how unreasonable it would be, as a court may appraise the weight of the evidence, to acquit of that crime and convict of the less serious. * * * Consequently, although ori…
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
William H. McNutt, Appellant
v.
William H. McNutt, Appellant
New York Court of Appeals.
May 30, 1911.
Reuben Peckham and James W. Osborne for appellant.
Charles S. Whitman, District Attorney ( Robert S. Johnstone
of counsel), for respondent.
Published
Judgment of conviction affirmed; no opinion.
Concur: Cullen, Ch. J., Haight, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ.