The People v. . Gay
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the third district, where a judgment of the Court of Oyer and Terminer of Columbia county, in a criminal case, had been affirmed on writ of error.
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Appeal from the general term of the Supreme Court, in the third district, where a judgment of the Court of Oyer and Terminer of Columbia county, in a criminal case, had been affirmed on writ of error. (Reported below, 1 Park. 308.) The appellant, Newton Gay, in October 1851, was convicted of the crime of rape upon the person of one Sarah Pilling, in the Court of Oyer and Terminer of Columbia county, and sentenced to imprisonment in the state prison, at Sing Sing, for the term of ten years. On the trial, before Parker, J., one John W. Wood was sworn as a witness for the prisoner, and gave…
1DissentWelles, J.
{Dissenting). — The question in what cases evidence of the general good character of a witness may be received, or the principle upon which such evidence rests, notwithstanding the numerous decided cases, ánd^ the various speculations of elementary writers on the subject, does not seem to be yet entirely settled, or, at least, not generally understood.
In the case of People v. Rector (19 Wend. 569), it was held, that where the general moral character of a witness is impeached, whether by witnesses called for that purpose, * qoo i or on *^s own CT0SS'exam^na^0ni It is competent -1 for the party…
2Cases cited2 opinions
- People v. RectorNew York Supreme Court · 1838
- Frost v. McCargarNew York Supreme Court · 1859