Legal Opinion

State v. Curtin

New York Court of General Session of the Peace

Decided October 12, 1914PublishedCited by 2 opinions

Madaline W. L. Curtin was indicted for embezzlement as agent. Verdict, not guilty. Indictment (No. 33, May Term, 1914). At the trial, Edward I. Ripley, the prosecuting witness, was challenged by counsel for the accused on information that he did not believe, in the Bible or in the existence of a Supreme Being.

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Madaline W. L. Curtin was indicted for embezzlement as agent. Verdict, not guilty. Indictment (No. 33, May Term, 1914). At the trial, Edward I. Ripley, the prosecuting witness, was challenged by counsel for the accused on information that he did not believe, in the Bible or in the existence of a Supreme Being. In answer to questions propounded to him by Chief Justice Pennewill, he replied that he believed “in an overruling intelligence,” “in the solemnity of an oath,” “and in the Bible.”

1Opinion of the CourtPennewill, C. J.

[1] We think the witness is qualified to take an oath.

Upon being sworn, Ripley testified, in substance, that he had certain stocks and bonds in a vault of the Exchange Trust Company in Boston; that while in poor health and in a dazed condition he executed a power of attorney before a notary in Philadelphia, authorizing the accused to go to Boston and procure the stocks and bonds in question from the Trust Company, with the understanding that he would still have control of the same.

Ripley further testified that the accused had previously impressed upon his mind that he had been guilty of some…

2Cited by2 opinions

  1. Clark v. StateSupreme Court of Delaware · 1972
  2. James v. StateSupreme Court of Delaware · 1977

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