Ryan v. . the People
New York Court of Appeals
Error to the General Term of the Supreme Court, in the third judicial department, to review judgment affirming a judgment of the Court of Sessions, in and for the county of Ulster, entered upon a verdict, convicting the plaintiff in error, of the crime of assault and battery. The facts are sufficiently stated in the opinion.
1Concurrence
Folgee and Eael, JJ.,
concurred in the result, only ; thinking that in the law of evidence of this State, it had been settled that the trial court may, in its discretion, alloAV the questions put to Ford and Butler on cross-examination and discussed by the chief judge in his opinion. See Southworth v. Bennett (58 N. Y., 659), wdiere it was said by Johnson, J., in an opinion (in MSS.) concurred in per totarn curiam: “The question put by the defendant’s counsel to the plaintiff, Avhether he Avas not then under indictment for usury, seems to have been one of those depreciatory questions which,…
2Cases cited2 opinions
- Brandon v. . the PeopleNew York Court of Appeals · 1870
- Southworth v. . BennettNew York Court of Appeals · 1874