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People v. Caruso

Court of Appeals of New York

246 N.Y. 437 (1927)

Relevant factsFree

After his young son died of diphtheria despite a doctor's treatment, Caruso (defendant), believing the doctor had mockingly laughed upon learning of the death and had given an excessive antitoxin dose, attacked the doctor, choked him, then retrieved a knife and fatally stabbed him; Caruso was convicted of first-degree murder after the jury was instructed on deliberation and premeditation, and he appealed.

IssueFree

Whether deliberation and premeditation are necessary elements for a conviction of first-degree murder.

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