Duffy v. People
New York Supreme Court
This case came up on a writ of error to the New York General Sessions, where the prisoner was convicted of larceny. The questions arising on the trial are sufficiently set forth in the points made by counsel, and in the opinion of the court. I. The court erred in admitting officer Clark’s evidence of the finding of the (stolen) watch, in consequence of what the prisoner had said to him about it, after arrest, under promise of favor. II.
Read the full summary
This case came up on a writ of error to the New York General Sessions, where the prisoner was convicted of larceny. The questions arising on the trial are sufficiently set forth in the points made by counsel, and in the opinion of the court. I. The court erred in admitting officer Clark’s evidence of the finding of the (stolen) watch, in consequence of what the prisoner had said to him about it, after arrest, under promise of favor. II. The court erred in charging the jury as follows, viz.: “ If you believe the witnesses for the prosecution, it will be your duty to render a verdict either of…
1Opinion of the Court
By the Court, Olerke, J.
I. As to the objection that the court erred in admitting the evidence of the policeman (Clark) relative to the stolen watch, which he found in consequence of what the prisoner had said to him after arrest, and under promise of favor, it is, indeed, the unquestionable rule, that confessions obtained under promises of favor are inadmissible. And in the case of Bichard Harvey, Lord Eldon, when Chief Justice (2 East P. C., 658), said he would direct an acquittal, unless the fact itself proved would have been sufficient to warrant a conviction without any confession leading…
2Cited by1 opinion
- The People v. . PhillipsNew York Court of Appeals · 1870