Height v. . the People
New York Court of Appeals
Error to the General Term of the Supreme Court in the third judicial department, to review a judgment of that court affirming a judgment of the Court of Sessions in and for the county of Saratoga, entered upon a conviction of plaintiff in error of the crime of assault with intent to commit a rape. The facts pertaining to the question decided, sufficiently appear in the opinion.
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Error to the General Term of the Supreme Court in the third judicial department, to review a judgment of that court affirming a judgment of the Court of Sessions in and for the county of Saratoga, entered upon a conviction of plaintiff in error of the crime of assault with intent to commit a rape. The facts pertaining to the question decided, sufficiently appear in the opinion. The offer of proof as to statements of Van Order and wife, made out of court and inconsistent with their testimony in court, was proper and material to impeach the witnesses, and should not have been excluded. (2 Brod.…
1Opinion of the CourtPeckham, J.
The questions sought tó be raised by the prisoner’s counsel are so inartfficially presented in the bill of exceptions, that but very few can be reviewed.
The question, put to and answered by the prosecutrix, if “ the fainting spell she had after she returned home was the result of” the occurrence she had stated of the alleged assault, is one of the points not presented. The objection to the question was general, stating no grounds. How could the witness know the cause of the fainting fit ? She might state the facts, but she could not give a medical opinion.
But the offer of proof by the…
2Cited by13 opinions
- Purdy v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
- Folinsbee v. SawyerThe Superior Court of the City of New York and Buffalo · 1894
- Miner v. StoltsNew York Court of Common Pleas · 1895
- McEvoy v. LommelAppellate Division of the Supreme Court of the State of New York · 1903
- Morris v. . Atlantic Ave. R.R. Co.New York Court of Appeals · 1889
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