Legal Opinion

State v. Uzzo

Delaware Court of Oyer and Terminer

Decided February 13, 1907PublishedCited by 2 opinions

At the trial, Atonio Destafano, a witness called on behalf of the State, having testified that he was at the house of the prisoner and saw his wife previous to the shooting, and that about three-quarters of an hour'later he returned, and there was a crowd going in the prisoner’s house and the witness went in too, and upon going to the bed-room, found the prisoner’s wife lying on the bed, having been wounded by a pistol shot in the left side of the abdomen; was asked by the…

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At the trial, Atonio Destafano, a witness called on behalf of the State, having testified that he was at the house of the prisoner and saw his wife previous to the shooting, and that about three-quarters of an hour'later he returned, and there was a crowd going in the prisoner’s house and the witness went in too, and upon going to the bed-room, found the prisoner’s wife lying on the bed, having been wounded by a pistol shot in the left side of the abdomen; was asked by the Deputy Attorney-General what Kathrina A. Uzzo then said to him as to how she had been hurt. This was objected to by Mr.…

1Opinion of the Court

Pennewill, J.:

We think it is not admissible

Petro Ferano, a witness sworn on behalf of the State, testified that on the night of the shooting the first he knew of the trouble was that while he was sleeping, downstairs, Mike, the prisoner, called him from upstairs, saying “Uncle Peter, Uncle Peter, light the lamp because I have got to come downstairs.” The witness continued: “I got up with my night-clothes on and I lighted the lamp, and then Mike came down and I heard his wife and his children hollering, and I said to Mike ‘What is the trouble?’ Mike said, ‘ Keep quiet, Peter. I was cleaning…

2Cases cited1 opinion

  1. State v. LodgeDelaware Court of Oyer and Terminer · 1892

3Cited by2 opinions

  1. Housman v. CommonwealthCourt of Appeals of Kentucky · 1908
  2. Welty v. StateIndiana Supreme Court · 1912

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