Legal Opinion

State v. Yanz

Supreme Court of Connecticut

Decided September 27, 1901PublishedCited by 18 opinions

Indictment for murder in the first decree, brought to the Superior Court of New Haven County and tried to the jury before Ralph Wheeler, J.; verdict and judgment of guilty of murder in the second degree, and appeal by the accused for alleged errors in the rulings and charge of the court.

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Indictment for murder in the first decree, brought to the Superior Court of New Haven County and tried to the jury before Ralph Wheeler, J.; verdict and judgment of guilty of murder in the second degree, and appeal by the accused for alleged errors in the rulings and charge of the court. The defendant, upon the trial, introduced evidence, mainly from himself as a witness in his own behalf, that on the day in question he discovered his wife in a piece of woods near his house with a man whom he did not recognize ; that they were partially reclining on the ground, and the man had his arms around…

1Opinion of the CourtBaldwin, J.

There was no error in excluding the question put to Mrs. Week. It called for mere hearsay. The homicide had taken place and Mrs. Yanz had left the scene of the transaction. Her declarations could not have served to characterize any contemporaneous act, and therefore could not be claimed as part of the res gestee. That she could not be compelled herself to take the witness-stand was no cause for their admission.

The trial court in its charge to the jury used this language : “ If the accused saw his wife in any such situation as he has described, he had at least a legal right to interfere and…

2Cases cited2 opinions

  1. Morris v. PlattSupreme Court of Connecticut · 1864
  2. State v. JohnsonSupreme Court of Connecticut · 1874

3Cited by18 opinions

  1. State v. ChicanoSupreme Court of Connecticut · 1990
  2. People v. LoganCalifornia Supreme Court · 1917
  3. State v. CastelliSupreme Court of Connecticut · 1917
  4. State v. SingletonSupreme Court of Connecticut · 2009
  5. People v. SpurlinCalifornia Court of Appeal · 1984

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