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 36

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 36

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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. 1918 edition. Excerpt: ...find the defendant guilty. In opening the case to the jury t-he assistant district attorney. said: " It seems that De Simone, for about eight years prior to that time, had been living with a woman named Rosa Vitosa, Rosa having come to him when she was about fifteen years old." Here the defendant' s counsel objected with, " The relations of the defendant with this woman, not his wife, some years ago," were incompetent and improper. The court, in overruling the objection, said: " I think it may be shown as Ibearing on any possible question of motive." The assistant district attorney continued with his narrative, and a little further on said: " It seems that through some information which the dead man, Della Rosa, obtained he went to the defendant De S-imone with the statement that Rosa, his common-law wife, was untrue to him, that Rosa had gone with this De Vito, owner of the cafe, to a place in 27th street, where she "had been known, and where she had-had illicit relations with De Vito. " Rosa, by the way, so far as we can discover, is not only the common-law wife, but is also the breadwiwner of the family." Defendant's counsel interposed an objection that the statement was highly improper and that the prosecutor knew that he could not offer such evidence as part of the case in chief. The prosecutor responded, " That is part of the motive, seems to me," and the court said: " I see no objection to that. The district attorney expects to prove that as part of the case." Defendant.'s counsel then moved for the withdrawal of a juror and the declaration of a mistrial and took an exception to the denial of the motion. No proof whatever was...show more

Product details

  • Paperback | 184 pages
  • 189 x 246 x 10mm | 340g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236897757
  • 9781236897756