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McELVAINE v. BRUSH

No. 1125.

142 U.S. 155 (1891)

12 S.Ct. 156

35 L.Ed. 971

McELVAINE, v. BRUSH.

Supreme Court of United States.

Decided December 21, 1891.

Attorney(s) appearing for the Case

Mr. George M. Curtis for appellant.

The court declined to hear argument for the appellee. Mr. Charles F. Tabor, Attorney General of the State of New York, filed a brief for appellee.

MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

Charles McElvaine was convicted in the Court of Sessions, Kings County, in the State of New York, on October 23, 1889, of the crime of murder in the first degree, committed August 22, 1889, and on October 25, 1889, was sentenced to death. From the judgment of conviction an appeal was duly taken by McElvaine to the Court of Appeals of the State of New York, where the judgment was reversed and a new trial...

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