People v. Sullivan
Appellate Division of the Supreme Court of the State of New York
Appeal by' the defendant. Owen Sullivan, from a judgment of the Supreme Court in favor of the plaintiff, entered in'the office of the clerk of the county of New York on the 17th day of December, 1897, upon the verdict of a jury convicting him of the crime of assault in the third degree, and also from an order denying the said defendant’s motion for a new trial.
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Appeal by' the defendant. Owen Sullivan, from a judgment of the Supreme Court in favor of the plaintiff, entered in'the office of the clerk of the county of New York on the 17th day of December, 1897, upon the verdict of a jury convicting him of the crime of assault in the third degree, and also from an order denying the said defendant’s motion for a new trial. The appellant, Owen Sullivan, a police officer of New York city, and John Spaulding, a station house doorman, were indicted for felonious and willful assault with a club upon a prisoner, John Dalton, whose real name is William Booney.…
1Opinion of the Court
O’Brien, J.:
The principal questions presented on this appeal are, whether the verdict is warranted by the evidence, and whether the court erred in' admitting evidence of the appellant’s record as a police officer.
A review . of the testimony discloses that the questions upon the merits as to the defendant’s guilt were disposed of by the jury upon close and conflicting evidence, and in view of the contradictory versions of the alleged assault, -it is apparent that a slight variance in .favor of the defendant would have turned the judgment the other way. The character and credibility of the…
2Cases cited5 opinions
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Blaufus v. . PeopleNew York Court of Appeals · 1877
- Schiffer v. . PrudenNew York Court of Appeals · 1876
- People v. . DorthyNew York Court of Appeals · 1898
- People v. DorthyAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by6 opinions
- Tryon v. WillbankAppellate Division of the Supreme Court of the State of New York · 1932
- People v. BloodgoodAppellate Division of the Supreme Court of the State of New York · 1937
- Lefcourt v. StreitSupreme Court of Florida · 1956
- McWharf v. WebberAppellate Division of the Supreme Court of the State of New York · 1927
- People v. FabianAppellate Division of the Supreme Court of the State of New York · 1908
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