Legal Opinion

Brandon v. . the People

New York Court of Appeals

Decided June 21, 1870PublishedCited by 48 opinions

Error to the Supreme Court at General Term, in the first judicial district, to review the judgment of that court affirming the conviction of the plaintiff in error, by the court of General Sessions of the city and county of New York, on an indictment for grand larceny. The prisoner was tried at the December term of the General Sessions of the city of New York, in 1869, upon an indictment for larceny.

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Error to the Supreme Court at General Term, in the first judicial district, to review the judgment of that court affirming the conviction of the plaintiff in error, by the court of General Sessions of the city and county of New York, on an indictment for grand larceny. The prisoner was tried at the December term of the General Sessions of the city of New York, in 1869, upon an indictment for larceny. Evidence was given tending to prove the commission of the offence, and the people rested. The defendant was then herself placed upon the stand as a witness, by her own counsel, under the act of…

1Opinion of the Court

The question complained of was put to the witness for the purpose of impairing her credibility as a witness. It has been the practice of the courts of this State, from a very early period, to permit questions of this character to be put to the witness, and for the purpose indicated. (1 Denio, 280; 4 id., 502; 6 Hill, 144.) Its abuse is guarded against in two modes. 1. By the privilege of the witness to decline to answer any question which may disgrace him, or may tend to charge him as a criminal. 2. By the power of the court of its own motion to prohibit an unreasonable or oppressive…

2Cases cited1 opinion

  1. Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865

3Cited by48 opinions

  1. People v. . RosenheimerNew York Court of Appeals · 1913
  2. People v. BettsNew York Court of Appeals · 1987
  3. The People v. . CrapoNew York Court of Appeals · 1879
  4. State v. PfefferleSupreme Court of Kansas · 1886
  5. Connors v. . the PeopleNew York Court of Appeals · 1872

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