Legal Opinion

The People v. . Gonzalez

New York Court of Appeals

Decided March 5, 1866PublishedCited by 69 opinions

The defendant in error was indicted, jointly with one Salvador, otherwise known as Pellieier, for the murder of Jose Garcia Otero, in the city of Brooklyn, on the 16th of November last. They were separately tried before Mr. Justice Gilbebt at the Kings County Oyer and Terminer in January last, and both were convicted of murder in the first degree.

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The defendant in error was indicted, jointly with one Salvador, otherwise known as Pellieier, for the murder of Jose Garcia Otero, in the city of Brooklyn, on the 16th of November last. They were separately tried before Mr. Justice Gilbebt at the Kings County Oyer and Terminer in January last, and both were convicted of murder in the first degree. The convictions were reversed • and new trials ordered at the March General Term in the second district, the majority of the court being of opinion that the judge erred, in admitting proof that the clothing worn by the prisoners on the night of the…

1Opinion of the CourtPobteb, J.

A general view of the facts disclosed by the other evidence in the case, will aid us in determining the question whether the stained clothes of the prisoner were properly submitted to the jury for inspection.

On the 13th of November last, Otero and Gonzalez arrived at New York, having taken passage from Havana in the same ship. No account is given of either, from the time of their arrival, until Wednesday, the 15th of November, at noon, when they presented themselves as guests at the Barcelona Hotel, in Great J ones street, which was known as a Spanish house. The appearance and bearing of the…

2Cases cited6 opinions

  1. Shorter v. . the PeopleNew York Court of Appeals · 1849
  2. Marquand v. WebbNew York Supreme Court · 1819
  3. Osgood v. President & Directors of the Manhattan Co.New York Supreme Court · 1824
  4. Clark & wife v. Vorce & VorceNew York Supreme Court · 1838
  5. Page v. EllsworthNew York Supreme Court · 1865

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3Cited by69 opinions

  1. People v. . FieldingNew York Court of Appeals · 1899
  2. Hinshaw v. StateIndiana Supreme Court · 1897
  3. Greenfield v. . People of the State of N.Y.New York Court of Appeals · 1881
  4. Springer v. City of ChicagoIllinois Supreme Court · 1891
  5. State v. WelchWest Virginia Supreme Court · 1892

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