People v. Hadden
New York Supreme Court
Certiorari to the New-York general sessions. The defendant was indicted for grand larceny in stealing bank notes, the property of William McChestney. On the trial, in January, 1845, the district attorney offered in evidence the deposition of McChestney, taken de bene esse, on the 5th day of December preceding, under the eleventh section of the act for the establishment and, regulation of the police of the city of New-York.
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Certiorari to the New-York general sessions. The defendant was indicted for grand larceny in stealing bank notes, the property of William McChestney. On the trial, in January, 1845, the district attorney offered in evidence the deposition of McChestney, taken de bene esse, on the 5th day of December preceding, under the eleventh section of the act for the establishment and, regulation of the police of the city of New-York. (Stat. 1844, p. 476.) The defendant’s counsel objected that the order for the examination was made on an insufficient affidavit, and also that it should be first proved…
1Opinion of the Court
By the Court, Beardsley, J.
The first objection to the deposition of McChestney as evidence, was that the order for his examination was made upon an insufficient affidavit. The section of the statute under which this examination was had, is exceedingly imperfect in its details, and certainly leaves room for much doubt as to what was really intended by the legislature. But the entire provision, upon the most, restricted construction of which it is susceptible,, is in derogation of. the common law rules of evidence, and should not, by mere construction upon equivocal words and phrases, be made…
2Cases cited1 opinion
- Guyon v. LewisNew York Supreme Court · 1831
3Cited by5 opinions
- Barron v. . the PeopleNew York Court of Appeals · 1848
- Wightman v. PeopleNew York Supreme Court · 1873
- Fry v. BennettThe Superior Court of New York City · 1855
- In re the Arkell Publishing Co.New York Supreme Court · 1899
- Wylie v. AddomsAppellate Division of the Supreme Court of the State of New York · 1935