Wightman v. People

By the Court, Brady, J.

The plaintiff in error was indicted for grand larceny, and convicted. On the trial the only exception taken was to the following question: “State whether the prisoner, Wightman, said anything to you as to being in company with David C. Hill at Cortland street on the night in question ?•” This inquiry was in rebuttal, the plaintiff in error having sworn that he was not at the ferry at the foot of Cortland street where the crime was alleged to have been committed; and it is conceded that if that be any evidence in the case imputing crime to him the exception is valueless.…