Myron A. Buel, Plaintiff in Error v. the People of the State of New York, Defendant in Error

Summary

The Court of Appeals affirmed the conviction for first‑degree murder, holding that a killing occurring during the commission of rape falls within the third subdivision of the murder statute and therefore constitutes murder in the first degree, and that the trial court did not err by omitting instructions on second‑degree murder or manslaughter absent a request. The Court also held that the statutory scheme for granting a new trial on a motion of the prisoner was not applicable because no exception was taken and the appellate court lacked authority to grant such a trial in counties outside New York City.