Legal Opinion
People v. Forte
New York Court of Appeals
Decided April 12, 1938PublishedCited by 19 opinions
1Opinion of the CourtHubbs, J.
Appellant has been convicted of the crime of murder in the first degree upon circumstantial evidence. At the trial he did not take the witness stand in his own behalf. During the trial testimony was introduced by the People of circumstances which no one but appellant could have explained if any explanation existed.
Section 393 of the Code of Criminal Procedure reads: “ The defendant in all cases may testify as a witness in his own behalf, but his neglect or refusal to testify does not create any presumption against him.”
It is urged by appellant that his statutory right has been illegally…
2Cases cited7 opinions
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- People v. . FitzgeraldNew York Court of Appeals · 1898
- People v. . HayesNew York Court of Appeals · 1894
- People v. . HochNew York Court of Appeals · 1896
- People v. . MinkowitzNew York Court of Appeals · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- People v. McLucasNew York Court of Appeals · 1965
- People v. LeavittNew York Court of Appeals · 1950
- Coleman v. DennoDistrict Court, S.D. New York · 1963
- Wright v. SmithDistrict Court, W.D. New York · 1977
- People v. RialAppellate Division of the Supreme Court of the State of New York · 1966
14 more not listed; retrieve them via the Exa API.