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People v. Kehoe

Appellate Division of the Supreme Court of New York, Second Department
Dec 24, 1937
253 App. Div. 762 (N.Y. App. Div. 1937)

Opinion

December 24, 1937.

Appeal from County Court of Kings County.


Although there was ample evidence to sustain the conviction, the trial judge erred in a substantial way prejudicial to the appellant, (1) in excluding testimony by Officer McCaffrey as to appellant's declarations at the time of the arrest and while defendant was in possession of the alleged stolen goods; such declarations were admissible as part of the res gestoe (Wharton's Criminal Evidence [11th ed.], § 493); (2) in his charge on the subject of the appellant's failure to call as a witness his alleged accomplice, Manning ( People v. Kearns, 214 App. Div. 804. See People v. Ferguson, 245 id. 837; People v. Kilroe, 201 id. 549, 555); (3) in his charge on the subject of the weight to be given to the testimony of defendant as an interested witness ( People v. Viscio, 241 App. Div. 499, 502; People v. Gerdvine, 210 N.Y. 184. See People v. Cohen, 223 id. 406, 422). Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.


Summaries of

People v. Kehoe

Appellate Division of the Supreme Court of New York, Second Department
Dec 24, 1937
253 App. Div. 762 (N.Y. App. Div. 1937)
Case details for

People v. Kehoe

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN KEHOE, Alias…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 24, 1937

Citations

253 App. Div. 762 (N.Y. App. Div. 1937)

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