People v. Hopson
Court for the Trial of Impeachments and Correction of Errors
The defendants were indicted for assaulting and beating Peter Lascells, a constable of the town of Salisbury, Herkimer county, and resisting him in the execution of his duty as such constable. The indictment contained two counts, one charging an offence on the 14th, and the other on the 25th of November, 1843. The defendants demurred to the first count, and the district attorney proceeded to trial on the remaining count.
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The defendants were indicted for assaulting and beating Peter Lascells, a constable of the town of Salisbury, Herkimer county, and resisting him in the execution of his duty as such constable. The indictment contained two counts, one charging an offence on the 14th, and the other on the 25th of November, 1843. The defendants demurred to the first count, and the district attorney proceeded to trial on the remaining count. On the trial in the Herkimer general sessions it appeared that an execution in favor of Edward Avery against the defendant William A. Hopson for $38,87, dated August 7,1843,…
1Opinion of the Court
By the Court, Bronson, Gh. J.
For the purpose of showing guilty knowledge, or making out the intent with which an act was dohe, other acts of the same nature, and done about the same time, may sometimes be given in evidence; and this whether the proceeding be civil or criminal in its form. (Cary v. Hotailing, 1 Hill, 311, and the books there cited.) But as a general rule, whether the proceeding be civil or criminal, evidence can only be given of the particular matters laid to the party’s charge. Here, there was no question of intent; nor was it a case for making out guilty knowledge by…
2Cases cited4 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Green v. BurkeNew York Supreme Court · 1840
- Keyser v. M'KissanSupreme Court of Pennsylvania · 1828
- Riddle v. County of BedfordSupreme Court of Pennsylvania · 1821
3Cited by89 opinions
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- Attorney-General ex rel. Bashford v. BarstowWisconsin Supreme Court · 1856
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- Ingram v. StateSupreme Court of Alabama · 1864
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