Burvee v. People

New York Supreme Court

Burvee v. People

1 Thomp. & Cook 289

DecidedSeptember 15, 1873

StatusPublished

This text of 1 Thomp. & Cook 289 (Burvee v. People) 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

Burvee v. People, 1 Thomp. & Cook 289 (N.Y. Super. Ct. 1873).

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Opinion

Boardman, J.

In the case of Hannah v. McKellip, 49 Barb. 342, this precise question was decided, and it was there held that the evidence offered was inadmissible, and for such error a new trial was granted.

That case has been since followed in Berner v. Mittnacht, 2 Sweeney, 582.

Being satisfied that the foregoing decisions are sound in principle and binding as authority, the judgment of conviction in this case' against the plaintiff in error must be set aside and a new trial granted.

Parker and J, Potter, JJ., concurred.

New trial granted.

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Boardman, J.

In the case of Hannah v. McKellip, 49 Barb. 342, this precise question was decided, and it was there held that the evidence offered was inadmissible, and for such error a new trial was granted.

That case has been since followed in Berner v. Mittnacht, 2 Sweeney, 582.

Being satisfied that the foregoing decisions are sound in principle and binding as authority, the judgment of conviction in this case' against the plaintiff in error must be set aside and a new trial granted.

Parker and J, Potter, JJ., concurred.

New trial granted.

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Bluebook (online)

1 Thomp. & Cook 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burvee-v-people-nysupct-1873.

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