The People v. . Murphy
New York Court of Appeals
Appeal by William T. Murphy, defendant, from a judgment of the General Term of the Supreme Court in the Fifth Department, of July 23, 1886, affirming a judgment of the Court of Sessions of Monroe county, convicting defendant of abortion. The facts appear in the report of the case at General Term.. 3 MY. Orim. Rep. 338. I. The evidence of Mrs. Pitcher and Dr. Herriman, showing the condition of the woman after the operation was performed upon her, was properly received.
Read the full summary
Appeal by William T. Murphy, defendant, from a judgment of the General Term of the Supreme Court in the Fifth Department, of July 23, 1886, affirming a judgment of the Court of Sessions of Monroe county, convicting defendant of abortion. The facts appear in the report of the case at General Term.. 3 MY. Orim. Rep. 338. I. The evidence of Mrs. Pitcher and Dr. Herriman, showing the condition of the woman after the operation was performed upon her, was properly received. By the confessions of the defendant his guilt was plainly proven. But the Code of Criminal Procedure (§ 395) provides that a…
1Opinion of the CourtFinch, J.
We are of opinion that § 834 of the Code of Civil Procedure is applicable to criminal actions, and that whatever possible doubt may have attended the question is fairly dispelled by § 329 of the Code of Criminal Procedure. The con fidential character of disclosures by a patient to his attending physician was established before the Code by statute, and in terms which, beyond reasonable question, applied to all actions whether civil or criminal. 3 R. S. (6th eel) 671, § 119; People v. Stout, 3 Park, 670. That statute was substantially incorporated into the civil Code, in language broad enough…
2Cases cited1 opinion
- Pierson v. . the PeopleNew York Court of Appeals · 1880
3Cited by43 opinions
- People v. DecinaNew York Court of Appeals · 1956
- In re Grand Jury Investigation of Onondaga CountyNew York Court of Appeals · 1983
- Holloway v. Kansas CitySupreme Court of Missouri · 1904
- People v. Preston, New York County Courts1958
- Sovereign Camp of Woodmen of the World v. GrandonNebraska Supreme Court · 1902
38 more not listed; retrieve them via the Exa API.