Webster v. . the People
New York Court of Appeals
Writ of Error to the Court of General Sessions of New York. The defendant was convicted in the court of General Sessions upon the trial of an indictment before Cowing, J., and a jury, May 27, 1881, charging him with commission of the offense of false pretenses, and was sentenced to the State prison for the term of eighteen months.
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Writ of Error to the Court of General Sessions of New York. The defendant was convicted in the court of General Sessions upon the trial of an indictment before Cowing, J., and a jury, May 27, 1881, charging him with commission of the offense of false pretenses, and was sentenced to the State prison for the term of eighteen months. The false pretenses set out in the indictment and upon which the defendant in error relied, were that the plaintiff in error represented to one John Breen, the prosecutor, who was an illiterate man and unable to read writing, except that of his own name, that a…
1Opinion of the CourtDaniels, J.
The facts stated by the district attorney and not denied by the prisoner’s counsel supplied a complete answer to the application for the postponement of the- trial. The delay has been such as to subject the application to the; suspicion that it was not made in good faith, and the proposal m'ade by the prosecuting officer to go to the residence- of the- absent witness and take his evidence was entirely reasonable in itself, for it afforded the defendant the means- of using his evidence upon the trial. And when his counsel refused, as he did,, to- accept that offer, the court was justified in.…
2Cases cited1 opinion
- Eighmy v. . the PeopleNew York Court of Appeals · 1880
3Cited by9 opinions
- People v. DoranNew York Court of Appeals · 1927
- People v. OskrobaNew York Court of Appeals · 1953
- The People v. . GuidiciNew York Court of Appeals · 1885
- State v. ChingrenSupreme Court of Iowa · 1898
- People v. SattlekauAppellate Division of the Supreme Court of the State of New York · 1907
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