People v. McWhorter
New York Supreme Court
Certiorari to the general sessions of Cortland county. The defendant was indicted for malicious mischief, in beating and wounding a horse belonging to one Short. The evidence against him was entirely circumstantial.
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Certiorari to the general sessions of Cortland county. The defendant was indicted for malicious mischief, in beating and wounding a horse belonging to one Short. The evidence against him was entirely circumstantial. His mother was examined as a witness in the prisoner’s favor, and testified to facts showing a very strong probability that he was at home during the whole of the night in which the offence was committed, and that he therefore could not have been the person who did the act. It appeared from the mother’s testimony that the sister of the defendant, on the night when the offence was…
1Opinion of the Court
By the Court, H. Gray, J.
The only question of importance presented by the bill of exceptions, arises upon the exception taken by the counsel for the accused, to that part of the charge of the court in which, after charging that the prisoner must be convicted, if at all, upon the strength of the proof against him, he told the jury “ that this rule did not relieve him from the necessity of explaining any circumstances against him, and the jury might take the fact that the prisoner had *440not called bis sister and brothers into consideration in making up their verdict, and if they were convinced…
2Cited by15 opinions
- Gulf, C. & S. F. Ry. Co. v. EllisCourt of Appeals for the Eighth Circuit · 1893
- Bleecker v. . JohnstonNew York Court of Appeals · 1877
- Missouri, K. & T. Ry. Co. v. ElliottCourt of Appeals for the Eighth Circuit · 1900
- American Nat. Bank v. National Wall-Paper Co.Court of Appeals for the Eighth Circuit · 1896
- Jensen v. The Joseph B. ThomasDistrict Court, N.D. California · 1897
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