Teachout v. People
New York Court of Appeals
Error to the Supreme Court, at General Term, in the eighth judicial district, to review a judgment affirming a conviction of the plaintiff, in error, at the "Wyoming Oyer and Terminer, on the 15th of September, 1868, for the murder of his wife, by poisoning her.
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Error to the Supreme Court, at General Term, in the eighth judicial district, to review a judgment affirming a conviction of the plaintiff, in error, at the "Wyoming Oyer and Terminer, on the 15th of September, 1868, for the murder of his wife, by poisoning her. The prisoner’s wife died on the 10th of January, 186’8, and a coroner’s inquest was held upon her body on the 21st of January, 1868. The prisoner was subpoenaed, by the sheriff of Wyoming county, to appear and testify before the coroner, and did attend, and was examined on oath. Upon his trial for the murder, the district attorney was…
1Opinion of the CourtWoodruff, J.
The exhaustive examination and discussion of authorities by court and counsel, in Hendrickson v. The People (10 N. Y., 13), and McMahon v. The People (15 N. Y., 384), render it wholly unprofitable to go again though a review of the cases, in which the declarations of a *9person made under oath may be received, or must be rejected, when offered as evidence on his trial for a crime.
In my judgment, we ought to regard the decision in the former of those cases decisive of the present. It is quite true that the very able opinion of the learned judge, who alone appears to have discussed the latter…
2Cases cited2 opinions
- The People v. . McMahonNew York Court of Appeals · 1857
- Hendrickson v. . the PeopleNew York Court of Appeals · 1854
3Cited by39 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. O'BryanCalifornia Supreme Court · 1913
- Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
- People v. . RoachNew York Court of Appeals · 1915
- Woolfolk v. StateSupreme Court of Georgia · 1889
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