This historic book may have numerous typos, missing text or index.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. 1907. Not illustrated. Excerpt:
... as matter of law to disregard the evidence of the witness
Jones. (People v. Davis, 15 Wend. 0OT; People v. Led won, 153 N. Y.
10; People v. Evans, 40 N. Y. 1; The Santissima, 7 Wheat. 283.) The
action of the court in refusing to permit the defensse to phrase a
hypothetical question which did not contain the recital, as an
element, of a "co-extensive congestion of the lungs" and in ruling
out the question which used the language of Dr. Donlin's testimony,
"congestion that was not exactly co-extensive," was error of the
most prejudicial character. (Stewart v. Field, 90 N. Y. 640; People
v. Conroy, 151 N. Y. 543; Cole v. Fall Brook Coal Co., 159 X. Y.
59; Stearns v. Field, 90 N. Y. 040; Cowley v. People, 83 N. Y. 464;
Dilleber v. 11. L. Ins. Co., 87 N. Y. 79; 11 X. Y. Ann. Oas. 37;
Gray v. B. II. R. R. Co., 72 App. Div. 424; Woodward v. C. M. S. P.
Ry Co., 122 Fed. Rep. 66.) The exclusion of the testimony of the
witness Charles T. Adams was a serious error which greatly
prejudiced the defendant's rights. (Bean v. Tonnele, 94 N. Y. 381;
Costello v. Crowell, 183 Mass. 352; 1 Taylor on Ev. sec. 576; Rice
on Ev. 328; McKeon v. People, 1 N. Y. Cr. Rep. 457; People v. Choy
Ah Sing, 84 Cal. 276; Plummer v. Comm., 1 Ky. 76; Arnold v. State,
9 Tex. App. 435; People v. Driseoll, 107 N. Y. 414; Donohue v.
People, 56 X. Y. 208; People v. Jones, 106 N. Y. 523; People v.
Gehmele, 1 Sheld. 251.) There was no adequate or legal evidence
amounting to a corroboration of the testimony of the accomplice
Jones, connecting the defendant with the commission of the crime of
murder; and the court should have so advised the jury. (Code Crim.
Pro. sec. 399; People v. Page, 162 N. Y. 272; People v. O'Farrell,
175 N. Y. 323; People v. Led won, 153 N. Y. 20; People v. Courtney,
28 Hun, 594; Peop...
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