Moett v. . People of the State of New York
New York Court of Appeals
Error to the General Term of the' Supreme Court, in the third judicial department, to. review judgment entered upon an order made November 17, 1880, which affirmed a judgment of the Court of Oyer and Terminer in and for the county of Columbia, entered upon a verdict convicting the plaintiff in error of the crime of murder in the first degree. (Reported below, 23 Hnn, 60.) The facts material to the questions discussed are stated in the opinion.
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Error to the General Term of the' Supreme Court, in the third judicial department, to. review judgment entered upon an order made November 17, 1880, which affirmed a judgment of the Court of Oyer and Terminer in and for the county of Columbia, entered upon a verdict convicting the plaintiff in error of the crime of murder in the first degree. (Reported below, 23 Hnn, 60.) The facts material to the questions discussed are stated in the opinion. The court erred in charging the jury that if they were satisfied that the prisoner had intentionally sworn falsely in any material part of his…
1Opinion of the CourtEarl, J.
The prisoner asks a reversal of his conviction upon various grounds, which will be separately considered:
1.» The prisoner testified upon the trial in his own behalf, and gave evidence tending to show the provocations and cir cumstanees under which he committed the- alleged crime. In his charge to the jury the judge, speaking of the testimony of the accused in their own hehalf in criminal cases, said: “ And now that they are witnesses it hy no means necessarily follows that the jury are to believe all they say, nor are they bound to reject all they say, because of the interest and feeling…
2Cases cited4 opinions
- Flanagan v. . People of the State of N.Y.New York Court of Appeals · 1873
- Deering v. . MetcalfNew York Court of Appeals · 1878
- Wilke v. . People of the State of N.Y.New York Court of Appeals · 1873
- Matter of the Application of FerrisNew York Court of Appeals · 1866
3Cited by21 opinions
- People v. SchmidtNew York Court of Appeals · 1915
- People v. . SchmidtNew York Court of Appeals · 1915
- In re the Adoption of DavisNew York Surrogate's Court · 1932
- People Ex Rel. Woodin v. OttawayNew York Court of Appeals · 1928
- State v. ClarkWashington Supreme Court · 1904
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