Legal Opinion

People v. . Thau

New York Court of Appeals

Decided July 11, 1916PublishedCited by 30 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 2, 1915, which reversed a judgment of the Bronx County Court rendered upon a verdict convicting the defendant of the crime of assault in the second degree and granted a new trial. The facts, so- far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 2, 1915, which reversed a judgment of the Bronx County Court rendered upon a verdict convicting the defendant of the crime of assault in the second degree and granted a new trial. The facts, so- far as material, are stated in the opinion. The court properly admitted evidence of the occurrence which took place in complainant’s place of business on the 2d day of September, 1914. (Johnson v. Comm., 115 Penn. St. 369; People v. Rolfe, 61 Cal. 541; People v. Harris, 136 N. Y. 423;…

1Opinion of the Court

Willard Bartlett, Ch. J.:

The indictment charged the defendant with having assaulted one Samuel Schaletsky (whose time name appears to have been Samuel Slciletsky) in the borough of The Bronx on the 15th day of September, 1914, by striking him with a bottle. The defense was an alibi. The People were permitted to introduce testimony, over the objection and exception of the defendant, tending to prove that he had visited the complainant’s place of business about two weeks before (to wit, on the 2d day of September, 1914) with a large number of other persons accompanied by a walking delegate, so…

2Cases cited2 opinions

  1. People v. . MolineuxNew York Court of Appeals · 1901
  2. State v. AdamsSupreme Court of Kansas · 1878

3Cited by30 opinions

  1. People v. SorgeNew York Court of Appeals · 1950
  2. Thompson v. United StatesDistrict of Columbia Court of Appeals · 1988
  3. Johnson v. StateSupreme Court of Alabama · 1941
  4. People v. CondonNew York Court of Appeals · 1970
  5. Webster v. StateCourt of Criminal Appeals of Tennessee · 1967

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