Opinion

People v. . Hinksman

  • 192 N.Y. 421
  • 22 N.Y. Crim. 585
  • 85 N.E. 676
  • 1908 N.Y. LEXIS 893
Court
New York Court of Appeals
Filed
Sep 29, 1908
Status
Published
Author
Gray
On the bench
Gray, Weriter
Cited by
44 cases

The opinion

*604

Gray, J. I dissent.

The evidence, it is conceded, fully justified the verdict of the jurors and no error was committed so serious to the defendant as to justify us in reversing the judgment of conviction. I do not think that it was erroneous to allow the People to show, by evidence of the defendant’s reputation in the community where he had resided, that his conduct, since his previous conviction for a criminal offense, had not been good, as he had testified when offered as a witness in his own behalf. The door had been, thus, opened for the admission of evidence as to his reputation. It was the right, if not the duty, of the prosecution to rebut the defendant’s testimony and the most effective way to do so was to adduce the testimony of those who knew in what repute he was held.

Judgment reversed, etc.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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