People v. Moore
New York Supreme Court
This was the trial of the prisoner on an indictment for murder, at the Onondaga oyer and terminer in September, 1835, before the Hon. Daniel Mosely, one of the circuit judges, presiding.
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This was the trial of the prisoner on an indictment for murder, at the Onondaga oyer and terminer in September, 1835, before the Hon. Daniel Mosely, one of the circuit judges, presiding. After the public prosecutor had adduced proof in support of the indictment, a witness of the name of Crofoot was sworn on the part of the prisoner, who gave evidence material to the defence of the prisoner; to invalidate which the public prosecutor called the magistrate to whom complaint of the murder was made by Crofoot on the day it happened, who testified to a relation of facts given to him by Crofoot on…
1Opinion of the Court
*421 By the Court,
Savage, Ch. J.
Two questions arise: J. Should the examination of Crofoot have been received ? 2. Was the testimony as to the declarations of the witness made in jail admissible ?. It has recently been decided by this court, in conformity, as is supposed, with the weight of authority and correct practice, that when a witness is in any manner impeached, the party calling him may support his testimony by showing, that on other occasions he has given the same relation of facts to which he has sworn on the trial. 12 Wendell, 78. In this point of view the defendant was clearly entitled…
2Cases cited2 opinions
- People v. VaneNew York Supreme Court · 1834
- Jackson ex dem. Van Slyck v. SonNew York Supreme Court · 1804
3Cited by19 opinions
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1810
- People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881
- People v. . BrooksNew York Court of Appeals · 1892
- Kimball & Rowe v. Davis & BrownNew York Supreme Court · 1838
- Stacy v. . GrahamNew York Court of Appeals · 1856
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