People v. Herrick
New York Supreme Court
' AT the court of general sessions of the peace, for the county >of Washington, 1-Icrri.ck was brought to trial for grand larceny. The charge ih the indictment was for stealing the property of Roswell Granger, consisting of pillowcases, shirts,, table-cloths, handkerchiefs, &c. The evidence against the prisoner was, that one pillowcase and one handkerchief were foqnpl in his possession.
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' AT the court of general sessions of the peace, for the county >of Washington, 1-Icrri.ck was brought to trial for grand larceny. The charge ih the indictment was for stealing the property of Roswell Granger, consisting of pillowcases, shirts,, table-cloths, handkerchiefs, &c. The evidence against the prisoner was, that one pillowcase and one handkerchief were foqnpl in his possession. The prisoner; then offered to prove, by Samuel Hardy, that he (Hardy) was present, and saw the ,prisoner purchase the . pillowcase and handkerchief, in his possession, of one Washburn, ’and pay for them, and…
1Opinion of the Court
Spencer,. J.,
delivered the opinion of the court., . If the witness was not bound to answer the question, he ought not to-have •been compelled to do so; and being excluded, and the defendant .deprived of the benefit of his-testimony, the conviction was. illegal. ". Mr. Peake,* in his treatise' on evidence, in considering whether a witness is bound to answer ,a question,, either rendering, him infamous, or disgracing him, says that a practice of putting .-such questions, and requiring them to-be answered, had continued for a long a.time without objection,, but that some of -the judges had’…
2Cited by25 opinions
- People v. . FabianNew York Court of Appeals · 1908
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1901
- Newcomb v. . GriswoldNew York Court of Appeals · 1862
- Southard v. RexfordNew York Supreme Court · 1826
- People of State of New York v. . McGloinNew York Court of Appeals · 1883
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