People v. . Stone
New York Court of Appeals
Appeal from judgment of the Court of Sessions in and for the county of Kings, entered upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material to the questions discussed, are stated in the opinion. The court erred in excluding the question put to the witness Farrell on cross-examination, as to how much intoxicating drink he had taken just previous to taking the witness stand.
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Appeal from judgment of the Court of Sessions in and for the county of Kings, entered upon a verdict convicting the defendant of the crime of murder in the first degree. The facts, so far as material to the questions discussed, are stated in the opinion. The court erred in excluding the question put to the witness Farrell on cross-examination, as to how much intoxicating drink he had taken just previous to taking the witness stand. (Hartford v. Palmer, 16 Johns. 142; Rivaro v. Ghi, 3 E. D. Smith, 264; People v. Harper, 1 Edm. 180; Whart. on Ev. §§ 402, 403, 418 ; Fleming v. State, 5 Humph.…
1Opinion of the Court
Ruger, Ch. J.
The appeal in this case, involving as it does the life of a human being, presents the gravest question which can occupy the attention of a judicial tribunal, and, therefore, demands, and should receive, the most careful and deliberate consideration before a final determination shall be pronounced.
In view of the duty thus imposed upon us, we have patiently and carefully read the evidence and the proceedings on the trial with a desire to discover such evidence of the defendant’s innocence of the crime charged against him as would enable us, in the discharge of our judicial…
2Cases cited1 opinion
- Brotherton v. . the PeopleNew York Court of Appeals · 1878
3Cited by12 opinions
- People v. . FishNew York Court of Appeals · 1891
- People v. . TaylorNew York Court of Appeals · 1893
- People v. ElmoreNew York Court of Appeals · 1938
- People v. ShanleyAppellate Division of the Supreme Court of the State of New York · 1900
- People v. AlloccaAppellate Division of the Supreme Court of the State of New York · 1918
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