People v. Buckland
New York Supreme Court
Error from the Monroe general sessions. The defendant was indicted for compounding a larceny alleged to have been committed by one Jane Hart, in stealing goods and chattels, the property of the defendant Buckland. The indictment contains three counts: in the first it is charged that the defendant compounded the offence,arid received $25 asa reward for the same, and for desisting from the prosecution of the offender, and that he accordingly did desist, «fee.
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Error from the Monroe general sessions. The defendant was indicted for compounding a larceny alleged to have been committed by one Jane Hart, in stealing goods and chattels, the property of the defendant Buckland. The indictment contains three counts: in the first it is charged that the defendant compounded the offence,arid received $25 asa reward for the same, and for desisting from the prosecution of the offender, and that he accordingly did desist, «fee. The second count charges that he received $25 as a reward for concealing the offence, and that he did conceal, «fee. And the third count…
1Opinion of the Court
By the Court,
Sutherland, J.
The plea is clearly bad. The record of acquittal of Jane Hart, if evidence at. all for the defendant,was not conclusive ; it was at most but prima facie evidence, and liable to be rebutted. It could not, therefore, be pleaded in bar. The general rule is, that verdicts and records bind only parties and privies; that they are not admissible in evidence against a stranger, who was no.party to the former proceedings, who had no opportunity to examine witnesses or to appeal against the judgment. They must also be mutual. No person can use a verdict or judgment, for his…
2Cited by10 opinions
- Sims v. . SimsNew York Court of Appeals · 1878
- Adams v. BarrettSupreme Court of Georgia · 1848
- Miller v. Southern Pacific Co.Oregon Supreme Court · 1891
- Levy v. . the PeopleNew York Court of Appeals · 1880
- United States v. HartwellU.S. Circuit Court for the District of Massachusetts · 1869
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