Hochrieter v. People
New York Court of Appeals
Xavier Hochrieter, the plaintiff in error, was indicted in the New York oyer and terminer, for the killing of one Leonard Gander, and convicted of the crime of murder in the second degree. TJpon the trial, one Senior, a policeman, testified that he arrested the prisoner and his son in the street, and took them to 148 Essex street, in the city of New York, where the deceased then was, hut he was too far gone to recognize any one.
Read the full summary
Xavier Hochrieter, the plaintiff in error, was indicted in the New York oyer and terminer, for the killing of one Leonard Gander, and convicted of the crime of murder in the second degree. TJpon the trial, one Senior, a policeman, testified that he arrested the prisoner and his son in the street, and took them to 148 Essex street, in the city of New York, where the deceased then was, hut he was too far gone to recognize any one. At that place they met one Egner, who was a witness on the trial. The district-attorney asked Senior: “What did Egner say and do in the presence of the prisoner ?”…
1Opinion of the CourtDavies, J.
[After stating the facts.]—Ho ground of objec-
tion is stated to either question in the bill of exceptions, and the counsel for the prisoner contended on the argument that he was now at liberty to assume any ground of objection; and he now argues that the first question was objectionable on the ground that it did not limit the inquiry to what was said and done in the hearing of the prisoner.'
It is to be observed that the question called for not only what was said in the presence of the prisoner, but what was done in his presence. I do not understand the prisoner’s counsel now to argue that it…
2Cited by4 opinions
- Costello v. HerbstAppellate Terms of the Supreme Court of New York · 1896
- Boyce v. WightThe Superior Court of New York City · 1877
- People v. CasciaAppellate Division of the Supreme Court of the State of New York · 1920
- People v. CasciaAppellate Division of the Supreme Court of the State of New York · 1920