Legal Opinion

People v. Vane

New York Supreme Court

Decided May 15, 1834PublishedCited by 32 opinions

The prisoner was indicted, tried and convicted at the New-York general sessions, for grand larceny, in stealing a packet of bank-bills. Sentence was suspended and the case brought before this court on a bill of exceptions. The principal witness against him was one Wapshot, an accomplice, who proved the larceny, and in doing so, disclosed his own participation in the crime.

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The prisoner was indicted, tried and convicted at the New-York general sessions, for grand larceny, in stealing a packet of bank-bills. Sentence was suspended and the case brought before this court on a bill of exceptions. The principal witness against him was one Wapshot, an accomplice, who proved the larceny, and in doing so, disclosed his own participation in the crime. On his cross-examination, facts and circumstances in addition to his being an accomplice were elicited, calculated still further to impair his credibility. The admission of the prisoner that he was at the place where the…

1Opinion of the Court

By the Court,

Savage, Ch. J.

Neither of the exceptions taken by the prisoner’s counsel seems to me to be well founded.

The right of either party to support and fortify the testimony of his witnesses, is essential to the preservation of the rights of individuals as well as the public. When a witness is sworn and testifies, his testimony, prima facie, is entitled to belief; if his character is attacked, it may be supported; if his testimony is shown by other witnesses to be false or doubtful, other witnesses may be introduced to sustain the testimony first given. If a witness be introduced by the…

2Cases cited1 opinion

  1. Lessee of Packer v. GonsalusSupreme Court of Pennsylvania · 1815

3Cited by32 opinions

  1. People v. . KatzNew York Court of Appeals · 1913
  2. People v. RectorNew York Supreme Court · 1838
  3. Hopps v. PeopleIllinois Supreme Court · 1863
  4. Robb v. Hackley & WeltonNew York Supreme Court · 1840
  5. Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874

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