Blake v. . People
New York Court of Appeals
The plaintiff in error was indicted for the murder of the John McDonald, by shooting; he was convicted of murder in the second degree. A witness for the people was asked, on cross-examination, if he would swear that the deceased was not choking the prisoner? He answered: “I would not swear it; but don’t think that he was.” The last part of the answer the prisoner’s counsel moved to strike out, which motion was denied.
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The plaintiff in error was indicted for the murder of the John McDonald, by shooting; he was convicted of murder in the second degree. A witness for the people was asked, on cross-examination, if he would swear that the deceased was not choking the prisoner? He answered: “I would not swear it; but don’t think that he was.” The last part of the answer the prisoner’s counsel moved to strike out, which motion was denied. Held, no error; that it was competent for the witness to testify to an impression or belief on the subject. (Snell v. Moses, 1 J. R., 96, 103; Lewis v. Freeman, 17 Maine, 260;…
1Opinion of the Court
Folger, J.,
reads for affirmance.
All concur, except Church, Ch. J., and Miller, J., not voting.
Judgment affirmed.
2Cited by16 opinions
- State v. CooleyNew Mexico Supreme Court · 1914
- Herbert v. Northern Pacific R. R.Supreme Court Of The Territory Of Dakota · 1882
- McKillop v. Duluth Street Railway Co.Supreme Court of Minnesota · 1893
- State v. . TurnerSupreme Court of North Carolina · 1907
- People v. SteffensAppellate Division of the Supreme Court of the State of New York · 1961
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