Legal Opinion

State v. Jack

New York Court of General Session of the Peace

Decided November 27, 1903PublishedCited by 11 opinions

Indictment fob Assault with Intent to Commit Mubdeb. At the trial, Doctor James K. Mahaffy, a veterinary physician, the prosecuting witness, who was assaulted by the defendant on the thirteenth of October, 1903, testified in substance concerning the assault, as follows: That the defendant called upon him on the day of the assault, at his office No. 904 Jackson Street, in the City of Wilmington, and stated that he had a friend out at Blue Ball who had two horses hurt and…

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Indictment fob Assault with Intent to Commit Mubdeb. At the trial, Doctor James K. Mahaffy, a veterinary physician, the prosecuting witness, who was assaulted by the defendant on the thirteenth of October, 1903, testified in substance concerning the assault, as follows: That the defendant called upon him on the day of the assault, at his office No. 904 Jackson Street, in the City of Wilmington, and stated that he had a friend out at Blue Ball who had two horses hurt and asked if the doctor would go out to see them, stating that he had been at the office in the morning and was informed that…

1Opinion of the Court

Lore, C. J.:

A majority of the Court hold that any conversation bearing upon the question of insanity and not detailed by the witness in his examination in chief, is admissible at this stage of the case, in rebuttal to the defense of insanity, but it must be confined to that.

Grubb, J.,

concurred.

Spruance, J.,

dissented.

Lore, C. J.,

charging the jury:

Gentlemen of the jury:—Charles W. Jack, the defendant, is charged in this indictment with an assault on James R. Mahaffy with intent to commit murder, alleged to have been made on the thirteenth of October, 1903,

In order to convict of the crime as…

2Cited by11 opinions

  1. State v. GreenUtah Supreme Court · 1931
  2. Sanders v. StateSupreme Court of Delaware · 1990
  3. Mills v. StateSupreme Court of Delaware · 1969
  4. Longoria v. StateSupreme Court of Delaware · 1961
  5. Ruffin v. StateSupreme Court of Delaware · 1956

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