State v. Day
New York Court of General Session of the Peace
Indictment for pointing a Gun or Pistol The defendant pleaded not guilty and also filed a plea in bar setting forth a conviction before a Justice of the Peace of assault and battery, which charge he claimed included that of pointing the pistol, being a part of the same transaction; all the facts concerning which were before the Justice at the time. The State filed a replication denying that it was the same assault or was included in it and the defendant filed a similiter.
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Indictment for pointing a Gun or Pistol The defendant pleaded not guilty and also filed a plea in bar setting forth a conviction before a Justice of the Peace of assault and battery, which charge he claimed included that of pointing the pistol, being a part of the same transaction; all the facts concerning which were before the Justice at the time. The State filed a replication denying that it was the same assault or was included in it and the defendant filed a similiter. The question submitted to the jury was whether the pointing of the pistol was a necessary part of the assault and battery…
1Opinion of the Court
Lore: C. J.:
—We think it is admissible.
Mr. Ward:—I offer in evidence the record of the Justice of the Peace of the pointing of the pistol.
(Objected to by counsel for defendant as irrelevant.)
Lore, C. J.:—We think it is admissible.
(A second bond given by the defendant before the Justice was offered in evidence by the State and admitted over the objection of defendant’s counsel.)
Defendant’s Pbayees.
The defendant prayed the Court to instruct the jury first, that they find for the defendant, because the charge contained in the indictment is necessarily included in and constitutes a part of the…
2Cases cited3 opinions
- Carter v. McClaughrySupreme Court of the United States · 1902
- People v. DefoorCalifornia Supreme Court · 1893
- Boswell v. StateSupreme Court of Florida · 1884
3Cited by6 opinions
- State v. HealySupreme Court of Minnesota · 1917
- State v. HeitterSupreme Court of Delaware · 1964
- State v. McIntyreUtah Supreme Court · 1937
- State v. NorrisSuperior Court of Delaware · 1950
- State v. NorrisNew York Court of General Session of the Peace · 1950
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