Legal Opinion

People v. Brooks

New York Supreme Court

Decided July 15, 1891Published

Appeal from court of sessions, Onondaga county. Rachel Brooks was indicted for arson in the first degree. On the trial, after the defendant, who was called as a witness in her own behalf, had testified that a' personal affray occurred between herself and Charlotte Brooks, who was a material witness for the people, the following questions were asked by the defendant’s counsel: “Eow, state whether or not Charlotte was friendly with you or unfriendly.

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Appeal from court of sessions, Onondaga county. Rachel Brooks was indicted for arson in the first degree. On the trial, after the defendant, who was called as a witness in her own behalf, had testified that a' personal affray occurred between herself and Charlotte Brooks, who was a material witness for the people, the following questions were asked by the defendant’s counsel: “Eow, state whether or not Charlotte was friendly with you or unfriendly. (Objected to as incompetent.) The Court. That is pretty general,—any evidence of unfriendliness. By Mr. Gfoodelle. Did you and Charlotte have…

1Opinion of the CourtMartin, J.

The appellant challenges the validity of the judgment and order appealed from on the following grounds only: (1) That court reiusing to permit the defendant to testify that she and the witness Charlotte Brooks had other difficulties than those testified to by her, until the witness was interrogated as to the matters-sought to be proved. (2) That it erred in its charge to the jury as to the effect to be given to the evidence of the good character of the defendant. (3) In not granting a new' trial because of the comments made by the district attorney as to the defendant, her race, and its love…

2Cases cited6 opinions

  1. Schultz v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1882
  2. Starks v. PeopleNew York Supreme Court · 1847
  3. Inhabitants of New Portland v. Inhabitants of KingfieldSupreme Judicial Court of Maine · 1867
  4. Martin v. BarnesWisconsin Supreme Court · 1859
  5. Cromwell Towers Redevelopment Co. v. City of YonkersNew York Court of Appeals · 1976

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