People v. . Chapleau
New York Court of Appeals
Appeal from judgment of the Court of Oyer and Terminerof Clinton county, rendered January 29, 1890, entered upon a verdict convicting defendant of the crime of murder in the.first degree. The material facts are stated in the opinion. The court erred in allowing-James Boyle to testify as to what Chapleau said while in-custody of- constable Bandall charged with murder, as the statement was not voluntary.
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Appeal from judgment of the Court of Oyer and Terminerof Clinton county, rendered January 29, 1890, entered upon a verdict convicting defendant of the crime of murder in the.first degree. The material facts are stated in the opinion. The court erred in allowing-James Boyle to testify as to what Chapleau said while in-custody of- constable Bandall charged with murder, as the statement was not voluntary. (People v. McMahon, 15 N. Y. 384.) It was error to allow Chapleau’s statement before the coroner in evidence against himself, he then being confined in jail upon the charge of murder. This was…
1Opinion of the CourtGray, J.
The defendant was indicted for the crime of murder in the first degree, for the killing of Irwin E. Tabor, and he was tried at a Court of Oyer and Terminer, held in and for Clinton county. The jury rendered a verdict in accordance with the charge in the indictment and sentence of death was passed. From the judgment of conviction the defendant has appealed to this court; and his counsel assigns as grounds for sustaining his appeal,' the admission of improper and incompetent evidence and the insufficiency of the evidence to convict for murder in the first degree. - We have carefully read and…
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