People v. Whipple
Court Of Oyer And Terminer New York
On the evening of yesterday, the 2nd August, the district attorney moved the court that Jesse Strang, who had just beén convicted hy a verdict of a jury, as a principal in the murder óf which Mrs. Whipple, the prisoner at the bar, now stood charged as accessory before the fact, should be brought *up and examined as a witness on the part of the prosecution.
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On the evening of yesterday, the 2nd August, the district attorney moved the court that Jesse Strang, who had just beén convicted hy a verdict of a jury, as a principal in the murder óf which Mrs. Whipple, the prisoner at the bar, now stood charged as accessory before the fact, should be brought *up and examined as a witness on the part of the prosecution. This was objected to by the prisoner’s counsel; and it was agreed that the question should be argued and considered as if Strang had been called to the stand, and declared his willingness to be sworn and examined.
1Opinion of the Court
Duer, C. Judge,
now delivered the opinion of the court. The objections urged against the motion are, 1st. That Strang having been convicted of an infamous crime, is an incompetent witness. 2d. That if competent, he ought not to be admitted to testify, inasmuch as being an accomplice with the prisoner, he is admissible only from necessity or policy, at the discretion of the court, and would, if he testified, be entitled to a pardon.
1. The disability of Strang to give testimony is urged, m the first place, on the ground of the legal infamy resulting from his conviction. This infamy was formerly…
2Cases cited1 opinion
- United States v. HenryU.S. Circuit Court for the District of Pennsylvania · 1824
3Cited by32 opinions
- Matter of DoyleNew York Court of Appeals · 1931
- Ex parte IrvineU.S. Circuit Court for the District of Southern Ohio · 1896
- Wight v. RindshopfWisconsin Supreme Court · 1877
- Camron v. StateCourt of Criminal Appeals of Texas · 1893
- Snyder v. KingIndiana Supreme Court · 2011
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