Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); New York Supreme Court; 12 N.Y. Sup. Ct. 369. Datos: https://static.case.law/ny-sup-ct/12/cases/0369-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Godfrey v. People, 12 N.Y. Sup. Ct. 369 (New York Supreme Court, 1875) Beady, J.: The plaintiff in error was indicted formaiming Robert Southern, the complainant, by biting off the greater part of his left external ear. He was convicted and sentenced to seven years imprisonment. Many exceptions were taken during the trial, but they were either frivolous or taken to questions which, not being answered, were abandoned, or founded on objections which were remedied at the moment or subsequently, and are consequently valueless to the plaintiff in error. Por example, the plaintiff in error put Dr. White upon the stand to show that, from the appearance of the part of the ear bitten off, it was his opinion that it was torn off; and the design of the testimony was to sustain a theory of the defense, that the complainant, during the affray with the prisoner, fell against a table, and, as the result, lost that portion of his ear which was torn off, by the collision or contact with, the table. The expression of the opinion thus sought was objected to, and the district attorney and court strenuously essayed to prevent its utterance and admission. The court gave full permission to the prisoner, nevertheless, to prove the appearance in detail of the severed part of the external ear and what was left of it upon the head of the complainant, proclaiming the doctrine meanwhile that the jury could judge as well as the doctor whether it was bitten off or torn off. This evidence, notwithstanding,…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); New York Supreme Court; 12 N.Y. Sup. Ct. 369. Datos: https://static.case.law/ny-sup-ct/12/cases/0369-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Godfrey v. People, 12 N.Y. Sup. Ct. 369 (New York Supreme Court, 1875) Beady, J.: The plaintiff in error was indicted formaiming Robert Southern, the complainant, by biting off the greater part of his left external ear. He was convicted and sentenced to seven years imprisonment. Many exceptions were taken during the trial, but they were either frivolous or taken to questions which, not being answered, were abandoned, or founded on objections which were remedied at the moment or subsequently, and are consequently valueless to the plaintiff in error. Por example, the plaintiff in error put Dr. White upon the stand to show that, from the appearance of the part of the ear bitten off, it was his opinion that it was torn off; and the design of the testimony was to sustain a theory of the defense, that the complainant, during the affray with the prisoner, fell against a table, and, as the result, lost that portion of his ear which was torn off, by the collision or contact with, the table. The expression of the opinion thus sought was objected to, and the district attorney and court strenuously essayed to prevent its utterance and admission. The court gave full permission to the prisoner, nevertheless, to prove the appearance in detail of the severed part of the external ear and what was left of it upon the head of the complainant, proclaiming the doctrine meanwhile that the jury could judge as well as the doctor whether it was bitten off or torn off. This evidence, notwithstanding,…