People v. Dorthy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John F. Dorthy, from a judgment of the Supreme Court in favor of the plaintiff, rendered at the Monroe Trial Term on the 7th day of November, 1896, convicting Mm of the crime of grand larceny in the second degree, and from an order denying his motion for a new trial made upon the minutes; also from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk'of the county of Monroe, on the 6th day of April,…
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Appeal by the defendant, John F. Dorthy, from a judgment of the Supreme Court in favor of the plaintiff, rendered at the Monroe Trial Term on the 7th day of November, 1896, convicting Mm of the crime of grand larceny in the second degree, and from an order denying his motion for a new trial made upon the minutes; also from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk'of the county of Monroe, on the 6th day of April, 1897, disallowing the defendant’s demurrer to the indictment; also from an order of the Supreme Court, made . at the…
1Concurrence
Hardin, P. J. (concurring):
The statute gave to the defendant the opportunity of being a witness in his own behalf, and he availed himself of the provisions of the statute.
In People v. Tice (131 N. Y. 656) Andrews, J., said: “ The accused is not compelled-to become a witness. When he avails himself of the privilege conferred by the statute, he. subjects himself voluntarily to the situation of any other witness, and if he is compelled to answer disparaging questions, or to give evidence relevant to the issue, which is injurious, it is the consequence of an election which he makes to become a…
2Cases cited8 opinions
- Stover v. . People of the State of N.Y.New York Court of Appeals · 1874
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Connors v. . the PeopleNew York Court of Appeals · 1872
- Brandon v. . the PeopleNew York Court of Appeals · 1870
- Van Bokkelen v. . BerdellNew York Court of Appeals · 1891
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