Beers v. Root

New York Supreme Court

Beers v. Root

9 Johns. 264

CourtNew York Supreme Court

DecidedAugust 15, 1812

StatusPublished

Cited by1 cases

This text of 9 Johns. 264 (Beers v. Root) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beers v. Root, 9 Johns. 264 (N.Y. Super. Ct. 1812).

Pincite

Opinion

Per Curiam.

The law will not allow a new trial to the defendant, merely to afford him an opportunity to prove the plaintiff a felon. Such an indulgence would not have been granted to the people, if the party so charged had been once tried and acquitted. If the defendant had discovered new evidence which went to the plea of not guilty and that only, it would have altered the case; but we cannot permit him to fish for further evidence to support his plea of a justification of such a charge. The motion must be denied.

Motion denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The law will not allow a new trial to the defendant, merely to afford him an opportunity to prove the plaintiff a felon. Such an indulgence would not have been granted to the people, if the party so charged had been once tried and acquitted. If the defendant had discovered new evidence which went to the plea of not guilty and that only, it would have altered the case; but we cannot permit him to fish for further evidence to support his plea of a justification of such a charge. The motion must be denied.

Motion denied.

Cite This Page — Counsel Stack

Bluebook (online)

9 Johns. 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beers-v-root-nysupct-1812.

Opinion

Related

Cite This Page — Counsel Stack