People v. Gay
New York Supreme Court
This was a writ of error to the Columbia Oyer and Terminer In October, 1851, the defendant was tried in that court 'on an indictment for rape, alleged to have been committed on the person of Sarah Pilling, and found guilty and sentenced to imprisonment in the state prison at Sing Sing for the term of ten .years. On the trial, many witnesses were called and examined on both sides. The defendant then called and examined John W. Wood, who gave evidence material in the cause.
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This was a writ of error to the Columbia Oyer and Terminer In October, 1851, the defendant was tried in that court 'on an indictment for rape, alleged to have been committed on the person of Sarah Pilling, and found guilty and sentenced to imprisonment in the state prison at Sing Sing for the term of ten .years. On the trial, many witnesses were called and examined on both sides. The defendant then called and examined John W. Wood, who gave evidence material in the cause. On his cross-examination in behalf of the prosecution, the witness admitted and testified that he had been prosecuted at…
1Opinion of the Court
By the Court,
Parkek, J. —
The only question presented in this case is whether the facts shown by the prosecution on the cross-examination of Wood, authorized the defendant to introduce'witnesses to show Wood’s general good character for truth. It is urged on the part of the defence that the cross-examination of Wrood was an impeachment of his general character which would justify the calling of witnesses to support it.
In the case of The People v. Rector (19 Wend. 569), Gillespie, a witness called in behalf of the prisoner, when cross-examined on the part of the prosecution, admitted that,…
2Cases cited4 opinions
- People v. RectorNew York Supreme Court · 1838
- Gough v. St. JohnNew York Supreme Court · 1837
- Rogers v. MooreSupreme Court of Connecticut · 1833
- Wike v. LightnerSupreme Court of Pennsylvania · 1824