Stape v. . People of the State of New York
New York Court of Appeals
Error to the General Term of the Supreme Court, in the fourth judicial department, to review judgment entered upon an order made the second Tuesday of June, 1880, affirming a* judgment of the Court of Sessions of Ontario county, entered upon a verdict convicting the plaintiff -in error of the crime of burglary and larceny. (Mem. of decision below, 21 Hun, 399.) Thez material facts are stated in the opinion.
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Error to the General Term of the Supreme Court, in the fourth judicial department, to review judgment entered upon an order made the second Tuesday of June, 1880, affirming a* judgment of the Court of Sessions of Ontario county, entered upon a verdict convicting the plaintiff -in error of the crime of burglary and larceny. (Mem. of decision below, 21 Hun, 399.) Thez material facts are stated in the opinion. It is only where an accomplice is uncontradicted that a verdict based upon his testimony will be permitted to stand. (People v. Doyle, 21 N. Y. 578; People v. Haynes, 55 Barb. 450; 1…
1Opinion of the CourtRapallo, J.
The prisoner was tried for burglary and larceny, claimed by the prosecution to have been committed .in complicity with one Bush and Adelia, his wife. The ofíense charged was the breaking and entering the bam of Murray Witter, and stealing therefrom his horse and -buggy. The prosecution depended wholly upon the testimony of these alleged accomplices, mainly that of Bush, for the conviction of the prisoner. The law does not absolutely prohibit a conviction upon such testimony, but every such case • should he closely scrutinized, and the legal rights of the accused carefully guarded. We have…
2Cited by10 opinions
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- Suddeth v. StateSupreme Court of Georgia · 1900
- Hoagland v. CanfieldU.S. Circuit Court for the District of Southern New York · 1908
- Thompson v. StateWyoming Supreme Court · 1929
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