People v. . Roach
New York Court of Appeals
Appeal from a judgment of the Supreme Court, rendered December 14, 1914, at a Trial Term for the county of Montgomery, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. It was not proved beyond reasonable doubt that appellant was not compelled to be a witness against himself.
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Appeal from a judgment of the Supreme Court, rendered December 14, 1914, at a Trial Term for the county of Montgomery, upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material, are stated in the opinion. It was not proved beyond reasonable doubt that appellant was not compelled to be a witness against himself. (Matter of Randel, 158 N. Y. 216; Wylde v. N. R. R. Co., 53 N. Y. 156.) Very material error was committed in excluding testimony as to admissions and declarations made by Van Wie concerning his desire to get something on…
1Opinion of the Court
Seabury, J.:
John Barrett was a farmer 69 years of age and lived upon his farm in the town of Palatine in the county of Montgomery. With him resided his daughter Katie and his son Boyd. Katie was 23 years of age and Boyd 29 years of age. The latter was mentally deficient. About 1,000 feet from the Barrett farm was the farm where the defendant was employed as a laborer. On the evening of December 20th, 1913, Barrett and his son Boyd retired to bed at about 9: 20 p. m. Katie remained in the sitting room, seated by the stove. She was awakened from her sleep and recalls seeing a shadow or vision…
2Cases cited22 opinions
- People v. JenningsIllinois Supreme Court · 1911
- The People v. . JaehneNew York Court of Appeals · 1886
- People v. . BuchananNew York Court of Appeals · 1895
- People v. . BraschNew York Court of Appeals · 1908
- Hendrickson v. . the PeopleNew York Court of Appeals · 1854
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3Cited by73 opinions
- Breeding v. StateCourt of Appeals of Maryland · 1959
- People v. MurrayNew York Court of Appeals · 1976
- State v. WilsonWashington Supreme Court · 1951
- Commonwealth v. BartoliniMassachusetts Supreme Judicial Court · 1938
- People v. ReeseNew York Court of Appeals · 1932
68 more not listed; retrieve them via the Exa API.