Hackett v. People
New York Supreme Court
THE prisoner was convicted of murder in the first degree, for stabbing John Green. Hpon the'trial, evidence from Mrs. Green was admitted to show indebtedness from the prisoner^ wife to the wife of the deceased, «and of the existence of ill feeling between them. This was objected to by the prisoner’s counsel, and the objection overruled, because the district attorney expected to trace a knowledge of it to the-prisoner. The dying declarations of the deceased were admitted.
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THE prisoner was convicted of murder in the first degree, for stabbing John Green. Hpon the'trial, evidence from Mrs. Green was admitted to show indebtedness from the prisoner^ wife to the wife of the deceased, «and of the existence of ill feeling between them. This was objected to by the prisoner’s counsel, and the objection overruled, because the district attorney expected to trace a knowledge of it to the-prisoner. The dying declarations of the deceased were admitted. They contained not only an account of the transaction which ended in the death of the deceased, but also other facts, viz.,…
1Opinion of the CourtIngraham, J.
When -the evidence as to ill feeling between Mrs. Hackett and Mrs. Green was offered and admitted, there was no foundation laid for the admission of it. It was between the parties, and unless the evidence showed that the prisoner had the knowledge of it, it should not have been received. The court so considered; because both the court and district attorney spoke of its being brought home to the prisoner. If it was so received conditionally, then it was a mere discretion as to the order of proof, which is not a matter of exception. But I do not see that any proof was given to show that the…
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- State v. O'SheaSupreme Court of Kansas · 1899
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