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 22

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 22

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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. 1909 edition. Excerpt: ...to warrant the jury in finding that the defendant by force took personal property from the person of tho complainant against his will, aided by an accomplice actually present, and hence committed the crime of robbery in the first degree. The defendant urged that errors were committed on the trial which entitle him to a reversal. The indictment being for a second ofiense, the People called the clerk of the court and other witnesses to prove that the defendant was the same person who had previously been convicted of the crime of grand larceny in the second degree under the name of Charles llcC'a1'tl_v. After some testimony had been introduced on this subject, defendant's counsel announced that he would concede that the defendant had thcretofore been convicted. The assistant district attorne_y I'GlTl i1'l(((l that the concession came rather late and proceeded with his proof to establish the fact of a prior conviction. The defendant's counsel conl(I1(lS that, after his concession, further proof was unnecessary and that its introduction only tended to prejudice the defendant in the minds of the jury. The previous conviction of the defendant was a substantive part of the present indictment for a second offense, and it was incumbent upon the People to establish that he tluretofore had been convicted of a felony. 'The a.: .'i.=tu11t district attorney was not bound--totake the concession of the defendant's coun.-H coming as it did after he had begun his proof on the subject an-1 not being as broad as the indictment required. In People '. Sickles (156 N. Y. 541) such a concession, under a similar indictment, was made before any evidence was taken and before the impaneling of the jury and yet it was held...show more

Product details

  • Paperback | 196 pages
  • 189 x 246 x 11mm | 358g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236978587
  • 9781236978585