Legal Opinion

People v. Rector

New York Supreme Court

Decided July 15, 1838PublishedCited by 83 opinions

Trial for Murder. The prisoner was indicted for the murder of Robert Shepherd. The prisoner kept a bawdy house in the city of Albany. On the night of the eleventh day of March, 1838, between the hours of twelve and one o’clock, the deceased and two other persons, of the names of Wilson and Whitney, went to the house of the prisoner.

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Trial for Murder. The prisoner was indicted for the murder of Robert Shepherd. The prisoner kept a bawdy house in the city of Albany. On the night of the eleventh day of March, 1838, between the hours of twelve and one o’clock, the deceased and two other persons, of the names of Wilson and Whitney, went to the house of the prisoner. Whitney being in advance of the others, knocked at the door to gain admittance, and was told by the wife of the prisoner, that he could not be admitted. After being so told, the deceased and Wilson came up. Wilson said he would try, and they knocked at the door.…

1Opinion of the Court

After advisement, the following opinions were delivered :

By Gowen, J.

The case presents, in all, a series of six exceptions, three of which we feel no difficulty in saying, can not be sustained. These respect the rejection of Henry Rector’s opinion, the refusal to recall Mr. McKown the witness, and the admission of the deposition of Radliif.

Henry Rector was not within the rule which receives the opinion of experts in matters of skill or science. Although a practical architect and engineer, there was nothing in the case put to him which had any connection with his professional business or…

2Cases cited10 opinions

  1. People v. MatherNew York Supreme Court · 1830
  2. Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
  3. People v. EnochCourt for the Trial of Impeachments and Correction of Errors · 1834
  4. Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
  5. People v. VaneNew York Supreme Court · 1834

5 more not listed; retrieve them via the Exa API.

3Cited by83 opinions

  1. Garner v. StateSupreme Court of Florida · 1891
  2. Hamilton v. PeopleMichigan Supreme Court · 1874
  3. Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
  4. People v. . HuterNew York Court of Appeals · 1906
  5. People v. . SmithNew York Court of Appeals · 1902

78 more not listed; retrieve them via the Exa API.

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