New York Criminal Reports; Reports of Cases Decided in All the Courts of the State of New York Involving Questions of Criminal Law and Practice, with Notes and References Volume 20

New York Criminal Reports; Reports of Cases Decided in All the Courts of the State of New York Involving Questions of Criminal Law and Practice, with Notes and References Volume 20

By (author) 

List price: US$22.39

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...the court said: "Well, that is ordinarily so, but in a case like this I think it goes further, because they are permitted to put that proof in evidence, even though he did not go upon the witness stand at all, and if it was admissible when he did not go upon the witness stand at all, it must be admissible for something else than merely bearing upon his credibility, because that would not be in issue at all if he did not go on the witness stand." Defendant's counsel then said: "My understanding is, it goes to the credibility of the defendant and such evidence he may produce. I think it tends solely to the credibility of the evidence and not to the guilt of the party." And the court said: " You may have your exception." So clearly the court ruled and instructed the jury that it might take into consideration the previous crimes committed by the defendant in determining whether he was guilty of the crimes charged in the indictment. My notion is that the court in instructing the jury as above indicated committed reversible error; that it is not the law in this State, and never has been, that the commission by a person of any number of crimes, no matter how numerous, may be regarded as evidence that he is guilty of the crime charged in the indictment upon which he is being tried. If he goes upon the stand as a witness, such crimes previously committed by him may be proven as affecting his credibility; or, if he tcstifies in his own behalf, witnesses may be called to impeach him or to show that his character is bad. If he has been adjudged an habitual criminal, witnesses may be called to show his general bad character, to the end that the facts or circumstances presented to a jury might receive a...show more

Product details

  • Paperback | 198 pages
  • 189 x 246 x 11mm | 363g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236780744
  • 9781236780744