Legal Opinion

The People v. . Park

New York Court of Appeals

Decided September 5, 1869PublishedCited by 8 opinions

Error to the Supreme Court at the General Term in the third district reversing a conviction for burglary at the ¡Rensselaer County Sessions. The defendants in error, and one Charles Corbin, were jointly indicted at the ¡Rensselaer county Oyer and Terminer, in November, 1868, for the crime of burglary in the third degree.

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Error to the Supreme Court at the General Term in the third district reversing a conviction for burglary at the ¡Rensselaer County Sessions. The defendants in error, and one Charles Corbin, were jointly indicted at the ¡Rensselaer county Oyer and Terminer, in November, 1868, for the crime of burglary in the third degree. A nolle prosequi was subsequently entered as to Corbin ; the other defendants pleaded not guilty, and were tried at a Court of Sessions, held in that county in January,' 1869. Upon their trial, the district attorney, on the part of the people, introduced the said Corbin and…

1Opinion of the CourtJames, J.

The defendants in error were arraigned on an indictment for burglary, and pleaded not guilty. On the trial, one Corbin was offered as a witness for the prosecution, and objected to as incompetent; it being shown that he had been previously convicted and sentenced for the crime of burglary in the third degree, and had never been pardoned or restored to his rights as a citizen. It also appeared that, at the time of such conviction, said Corbin was under the age of sixteen years, and was sentenced to the house of refuge. The objection was overruled; the witness admitted and gave material…

2Cases cited1 opinion

  1. Fassett v. . SmithNew York Court of Appeals · 1861

3Cited by8 opinions

  1. The People v. . LyonNew York Court of Appeals · 1885
  2. Kalbfleisch v. . KalbfleischNew York Court of Appeals · 1876
  3. United States v. WatkindsUnited States Circuit Court · 1881
  4. State v. ClarkSupreme Court of Kansas · 1899
  5. Post v. West Shore R. Co.New York Supreme Court · 1888

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