People v. White
New York Supreme Court
The prisoner was triedat the Washington oyer and termi- ner in 1834, before the Hon. Esek Co wen, one of the circuit judges, on an indictment for having in his possession counlerfeit bank bills with the intent to pass the same.
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The prisoner was triedat the Washington oyer and termi- ner in 1834, before the Hon. Esek Co wen, one of the circuit judges, on an indictment for having in his possession counlerfeit bank bills with the intent to pass the same. M. Strong, a wit- ness for the prosecution, testified to a conversation between to a conversation between him and the prisoner, in which he inquired of the prisoner about some money which had been stolen from the Rutland Bank, and the prisoner declared his innocence of any participation in the robbery. The witness was proceeding to detail the further conversation of…
1Opinion of the Court
By the Court,
Sutherland, J.
The material question presented by this bill of exceptions is, whether the testimony of Moses Strong, to the prisoner’s confession that he had been in the state prison in Massachusetts, ought to have been received.
*113Mr. Chitty, after stating the practice and mode of proceeding under the statute, to take the prisoner’s examination in writing, says; what the party accused says in other places, (than on his examination before the magistrate,) may undoubtedly be received upon viva voce testimony. But what he says upon such examination cannot be proved by viva voce…
2Cases cited2 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- People v. VaneNew York Supreme Court · 1834
3Cited by15 opinions
- People v. . SharpNew York Court of Appeals · 1887
- People v. RectorNew York Supreme Court · 1838
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
- People v. WhiteNew York Supreme Court · 1839
- State v. HullSupreme Court of Rhode Island · 1893
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