People v. Lawton
New York Supreme Court
CEETIOEAEI to review the trial and conviction of the prisoner, under an indictment against him jointly with one Thomas Meany, for burglary. The prisoner and Meany were indicted for burglary in breaking in the store of one William Burk, in Syracuse, in which divers goods and merchandise were kept for use and sale, with intent burglariously to steal the same, &e. to which he pleaded not guilty.
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CEETIOEAEI to review the trial and conviction of the prisoner, under an indictment against him jointly with one Thomas Meany, for burglary. The prisoner and Meany were indicted for burglary in breaking in the store of one William Burk, in Syracuse, in which divers goods and merchandise were kept for use and sale, with intent burglariously to steal the same, &e. to which he pleaded not guilty. He was tried separately^ for the offense, at a court of sessions held jn and for the1 county of Onondaga on the 19th of December, 1866, and the jury rendered a verdict against him of guilty of an attempt…
1Opinion of the CourtFoster, J.
The court below was undoubtedly right in refusing to charge that the prisoner could not be convicted upon the testimony of Meany, alone, and in charging the contrary thereto; for although the testimony of accomplices, uncorroborated, should be received with great caution, there cannot be any question that if the jury find a verdict of guilty upon such evidence, the court cannot for that reason set it aside. This question was fully discussed by the court, Beardsley, J., in The People v. Costello, (1 Denio, 83,) and the rule there held was as above stated.
The same rule was laid down in Haskins…
2Cases cited3 opinions
- People v. CostelloCourt for the Trial of Impeachments and Correction of Errors · 1845
- Dedieu v. . the PeopleNew York Court of Appeals · 1860
- The People v. . DyleNew York Court of Appeals · 1860
3Cited by15 opinions
- People v. . SullivanNew York Court of Appeals · 1903
- People v. . GardnerNew York Court of Appeals · 1894
- People v. . MoranNew York Court of Appeals · 1890
- People v. . KaneNew York Court of Appeals · 1900
- State v. BallerWest Virginia Supreme Court · 1885
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