Legal Opinion

People v. . Brown

New York Court of Appeals

Decided February 19, 1878PublishedCited by 40 opinions

Error to the General Term of the Supreme Court in the fourth judicial department, to review judgment reversing judgment of the Court of Sessions of Ontario county, entered upon a verdict convicting the plaintiff in error of the crime of forgery. (Reported below, 8 Hun, 562.) The facts pertinent to the question discussed appear sufficiently in the opinion. The question to the prisoner on his cross-examination as to how many times he had been arrested was proper.

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Error to the General Term of the Supreme Court in the fourth judicial department, to review judgment reversing judgment of the Court of Sessions of Ontario county, entered upon a verdict convicting the plaintiff in error of the crime of forgery. (Reported below, 8 Hun, 562.) The facts pertinent to the question discussed appear sufficiently in the opinion. The question to the prisoner on his cross-examination as to how many times he had been arrested was proper. (People v. Le Beau, 34 N. Y., 223; People v. Real, 42 id., 270, 280-282; People v. Brandon, id., 265; People v. Conners, 50 id., 240;…

1Opinion of the Court

Church, Ch. J.

The defendant in error, while upon the stand as a witness in his own behalf, was asked on cross-examination the following question: “ How many times have you been arrested ? ” This was objected to on the ground that it was incompetent to affect his credibility as a witness; that it tended to degrade the witness; and that he was privileged from answering it, as it had no direct bearing upon any issue in the case; and also upon the ground that better evidence of the fact existed. The court overruled the objection, and the answer was given “five times, I believe.”

The General Term…

2Cases cited4 opinions

  1. Real v. . the PeopleNew York Court of Appeals · 1870
  2. Connors v. . the PeopleNew York Court of Appeals · 1872
  3. Brandon v. . the PeopleNew York Court of Appeals · 1870
  4. Southard v. RexfordNew York Supreme Court · 1826

3Cited by40 opinions

  1. People v. HopkinsNew York Court of Appeals · 1983
  2. State v. KentNorth Dakota Supreme Court · 1896
  3. State v. SaundersOregon Supreme Court · 1886
  4. People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881
  5. Clarke v. StateSupreme Court of Alabama · 1885

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