People v. . Fox
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 8, 1888, which reversed a judgment entered upon a verdict convicting defendant of the crime of robbery in the first degree and granted a new trial. The facts,,so far as material, are stated in the opinion. The confessions of Fox were competent. (1 Roscoe’s Crim.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 8, 1888, which reversed a judgment entered upon a verdict convicting defendant of the crime of robbery in the first degree and granted a new trial. The facts,,so far as material, are stated in the opinion. The confessions of Fox were competent. (1 Roscoe’s Crim. Ev. [8th Am. ed.] 67; 1 Phillips on Ev. [4th Am. ed.] 532; People v. Bennett, 4 Abb. [N. S.] 105-107 ; Hoyt v. People, 110 U. S. 574; Hendrickson v. People, 10 N. Y. 13 ; Teachout v. People, 41 id. 7; Code…
1Opinion of the CourtO’Brien, J.
The defendant was convicted in the Court of Sessions of Fulton county of the crime of robbery in the first degree, charged to have been committed upon the person of one Plank by entering his house in the night-time, binding him and talcing certain money which it is claimed he had in his possession. Plank was the principal, if not the only witness at the trial who testified in regal’d to the facts and circumstances constituting the offense and who attempted to identify the defendant as one of the persons present on the occasion and actively participating in the robbery. He testified that there…
2Cases cited1 opinion
- Commonwealth v. CulverMassachusetts Supreme Judicial Court · 1879
3Cited by18 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- People v. DoranNew York Court of Appeals · 1927
- State v. . WhitenerSupreme Court of North Carolina · 1926
- Roesel v. StateSupreme Court of New Jersey · 1898
- People v. . RogersNew York Court of Appeals · 1908
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