McIntyre v. . the People
New York Court of Appeals
Ebrob to the supreme court in the fifth district. Alanson McIntyre, the plaintiff in error, and Carrington McIntyre were jointly indicted for burglary and larceny. When the case was moved by the district attorney for trial at the Madison county court of sessions, the defendants demanded separate trials, and that Carrington McIntyre be tried first. The district attorney elected to try Alanson first; the court sustained his right to do so, and the defendant excepted.
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Ebrob to the supreme court in the fifth district. Alanson McIntyre, the plaintiff in error, and Carrington McIntyre were jointly indicted for burglary and larceny. When the case was moved by the district attorney for trial at the Madison county court of sessions, the defendants demanded separate trials, and that Carrington McIntyre be tried first. The district attorney elected to try Alanson first; the court sustained his right to do so, and the defendant excepted. On the trial the defendant proposed to examine his codefendant, Carrington, as a witness in his behalf; the court excluded the…
1Opinion of the CourtMason, J.
The only question presented by the bill of exceptions in this case is whether a .codefendant in an indictment for a felony, where a separate trial is demanded and allowed, is entitled to have his codefendant, who is a party to the record but who is not on trial,’sworn as a witness. This distinct question was presented to the supreme court of this state forty years ago, in the case of The People v. Bill (10 John., 95), and the incompetency of the witness was declared by the ■unanimous judgment of the court.
o The question was presented to that court again in 1838, in the case of The People v.…
2Cases cited2 opinions
- People v. BillNew York Supreme Court · 1813
- People v. WilliamsNew York Supreme Court · 1838
3Cited by2 opinions
- People v. BofillNew York Court of General Session of the Peace · 1962
- Taylor v. PeopleNew York Supreme Court · 1877