Penfield v. Carpender

13 Johns. 350
New York Supreme Court·Decided August 15, 1816·Published·Cited by 10 cases

Opinion

.Per-Curiam.

The admission of such testimony, was illegal and dangerous, and no subsequent caution or advice by the justice,-that the jury ought to. disregard'what the witnesses had sworn', can cure .the irregularity. • The law forbids such testimo;ny, hecaiise it mayAaiie anánfluence upon honest jurors, .who aré unconscious of the impressions which- they retain, inotwith^ standing;.the'effort of the court to obliterate-then}.' V. "

The tazation 'of costs .was alsoillegab

Judgmeht-reversedt-

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Penfield v. Carpender, 13 Johns. 350 (N.Y. Super. Ct. 1816).

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