People v. Moett
New York Supreme Court
Writ of Error to the Court of Oyer and Terminer, in and for the county of Columbia, to review the conviction of the plaintiff in error of murder in the first degree. The plaintiff in error was tried and convicted for the murder of his wife.
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Writ of Error to the Court of Oyer and Terminer, in and for the county of Columbia, to review the conviction of the plaintiff in error of murder in the first degree. The plaintiff in error was tried and convicted for the murder of his wife. Upon the trial the counsel for the prisoner requested the court to charge: “ That the people must satisfy the jury beyond all reasonable doubt, that at the moment the act alleged in the indictment was committed by the prisoner, if he did commit it, ho had reason, perception and understanding sufficient to know that the laws of God and the land forbid' him…
1Opinion of the Court
Learned, P. J.:
The prisoner was a witness in his own behalf. The court commented on the privilege now allowed to persons accused of crime to testify, and spoke of the right of the jury to accept that part of such testimony which they believed to be true, and to reject that which they believed to be false. The court then proceeded to say: “ When a party in a civil action deliberately swears false to one *62material part of his testimony, and the jury are satisfied that he has so sworn falsely, intentionally false, they are not only at liberty to reject it, but it is sometimes the duty of the jury…
2Cases cited6 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- The People v. . EvansNew York Court of Appeals · 1869
- Flanagan v. . People of the State of N.Y.New York Court of Appeals · 1873
- Fields v. StateSupreme Court of Alabama · 1872
- People v. AsheCalifornia Supreme Court · 1872
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