Park v. People
New York Supreme Court
John Park, James Higgins and John Riley were jointly indicted, with one Charles Corbin, for the offense of burglary in the third degree. The defendants, except Corbin, pleaded not guilty to the indictment, and were put upon their trial at a Court of Sessions, held in January, 1869, in and for the county of Rensselaer. Upon the trial a nolle prosequi was entered in favor of Corbin, and the district attorney offered to have him sworn as a witness for the people.
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John Park, James Higgins and John Riley were jointly indicted, with one Charles Corbin, for the offense of burglary in the third degree. The defendants, except Corbin, pleaded not guilty to the indictment, and were put upon their trial at a Court of Sessions, held in January, 1869, in and for the county of Rensselaer. Upon the trial a nolle prosequi was entered in favor of Corbin, and the district attorney offered to have him sworn as a witness for the people. The counsel for the prisoners objected, and duly proved that Corbin had been previously duly indicted, convicted and sentenced for the…
1Opinion of the Court
Present — Miller, Ingalls and Hogeboom, JJ.
By the Court
Miller, P. J.
The only question presented in this case arises as to the competency of Corbin to testify on the trial of the prisoners.
The act concerning “ crimes and their punishment ” (2 R. S., 701, § 23), provides that, “No person sentenced upon a conviction for felony shall be competent to testify in any cause, matter or proceeding, civil or criminal, unless he be pardoned by the governor,” &c. A subsequent provision (§ 30) declares what is meant by the term felony in the following language: “ The term ‘ felony ’ when used in this act,
or…
2Cases cited1 opinion
- Williams v. PotterNew York Supreme Court · 1848
3Cited by3 opinions
- People ex rel Duntz v. CoonNew York Supreme Court · 1893
- People v. Harrington, New York Court of Session, Albany County1884
- People v. HarringtonNew York Court of Sessions · 1884