Legal Opinion
People v. McDowell
New York Court of Appeals
Decided January 12, 1961PublishedCited by 23 opinions
1Opinion of the CourtBurke, J.
The judgment convicting defendant of assault in the second degree must be reversed because of the erroneous exclusion of evidence which is competent, relevant and material to the issues.
The excluded evidence dealt with defendant’s reputation for peacefulness in the community in which he resided, and the alleged hostility of the complaining witness.
“ [I]t is well settled that in a criminal prosecution, the defendant may introduce evidence as to his own good character for the purpose of raising an inference that he would not be likely to commit the offense charged. People v. Van Gaasbeck, 189…
2Cases cited9 opinions
- Michelson v. United StatesSupreme Court of the United States · 1949
- People v. . Van GaasbeckNew York Court of Appeals · 1907
- People v. . BrooksNew York Court of Appeals · 1892
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- People v. ColantoneNew York Court of Appeals · 1926
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Walter Wynn, Jr. v. United StatesCourt of Appeals for the D.C. Circuit · 1967
- People v. HamlinAppellate Division of the Supreme Court of the State of New York · 1977
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1978
- United States v. Benjamin S. Haggett, Jr.Court of Appeals for the Second Circuit · 1971
- People v. AharonowiczNew York Court of Appeals · 1988
18 more not listed; retrieve them via the Exa API.