In re Real
New York Supreme Court
Motion for writ of error. The prisoner, John Real, having been indicted for homicide, was found guilty, and now moved for the allowance of a writ of error. The facts sufficiently appear in the opinion of the court.
1Opinion of the CourtSutherland, J.
The evidence of Henry Real, a witness called and sworn on behalf of the piisoner, was certainly material. On his cross-examination he was asked by the district-attorney this question: “ Have you ever' been arrested in New York?” His answer was, “I have, sir.” He was then asked, “Do you remember what for?” This question was objected to by the counsel for the prisoner, and appears not to have been answered. The district-attorney then asked this question: “Have you ever been in' the penitentiary?” This question was objected to by the counsel1, for the prisoner. The court then told the witness…
2Cases cited3 opinions
- Newcomb v. . GriswoldNew York Court of Appeals · 1862
- People v. HerrickNew York Supreme Court · 1816
- Peck v. YorksNew York Supreme Court · 1866