People v. Console
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Console, from a judgment of the County Court of Kings county, rendered on the 11th day of June, 1920, convicting him of the crime of grand larceny in the first degree.
1Opinion of the Court
Jenks, P. J.:
We think that errors require our order for a new trial.
First. The defendant called witnesses as to his good character. The court charged the doctrine of reasonable doubt and then immediately said: “Now there is in addition the *825testimony of character witnesses that has been offered by this defendant. The rule is that if a jury, from the evidence in chief, from the principal facts in the case, find, under the rules that I have given you, that a defendant is guilty, it makes no difference how good his character has been, but if you should arrive at the point in your discussion where…
2Cases cited7 opinions
- Edgington v. United StatesSupreme Court of the United States · 1896
- Remsen v. . the PeopleNew York Court of Appeals · 1870
- People v. . WolfNew York Court of Appeals · 1906
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- People v. . MinkowitzNew York Court of Appeals · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. ViscioAppellate Division of the Supreme Court of the State of New York · 1934
- People v. FlahertyAppellate Division of the Supreme Court of the State of New York · 1926
- People v. MaliziaAppellate Division of the Supreme Court of the State of New York · 1957
- People v. SodanoAppellate Division of the Supreme Court of the State of New York · 1926