People v. Colbern

New York Court of General Session of the Peace

People v. Colbern

1 Wheel. Cr. Cas. 479

CourtNew York Court of General Session of the Peace

DecidedJuly 15, 1823

StatusPublished

This text of 1 Wheel. Cr. Cas. 479 (People v. Colbern) is published on Counsel Stack Legal Research, covering New York Court of General Session of the Peace primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Colbern, 1 Wheel. Cr. Cas. 479 (N.Y. Super. Ct. 1823).

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Opinion

By the Court.

The prosecutor’s wife is a party to the record, and the testimony of her husband on this trial might be such that the court would feel bound to issue a warrant for her apprehension. Even a nolle prosequi by the district attorney would not be a conclusive discharge, she would still be liable in law to arrest and trial. Had she been tried and acquitted by a jury, the husband might then be a witness against the prisoner, for his testimony could not in that case inculpate his wife.

The testimony was excluded, and the prisoner was acquitted.

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By the Court.

The prosecutor’s wife is a party to the record, and the testimony of her husband on this trial might be such that the court would feel bound to issue a warrant for her apprehension. Even a nolle prosequi by the district attorney would not be a conclusive discharge, she would still be liable in law to arrest and trial. Had she been tried and acquitted by a jury, the husband might then be a witness against the prisoner, for his testimony could not in that case inculpate his wife.

The testimony was excluded, and the prisoner was acquitted.

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Bluebook (online)

1 Wheel. Cr. Cas. 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-colbern-nygensess-1823.