Home/New York Court of General Session of the Peace/State v. Bower

State v. Bower

40 A. 939, 17 Del. 302, 1 Penne. 302, 1898 Del. LEXIS 24
CourtNew York Court of General Session of the Peace
DecidedMay 21, 1898
StatusPublished
Cited by4 cases

This text of 40 A. 939 (State v. Bower) 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
State v. Bower, 40 A. 939, 17 Del. 302, 1 Penne. 302, 1898 Del. LEXIS 24 (N.Y. Super. Ct. 1898).

Opinion

Rore, C. J:—

The execution is his only authority. What the witness may say has nothing to do with it. He says he was authorized and had a right to be there. The defendant says he had not, and the only way to show that he had a right to be there is to produce the paper by which that authority is shown.

The testimony later developed that the prosecuting witness first put his hands upon the defendant, and the State thereupon entered a nolle prosequi.

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Related

Garboctowski v. State
123 A. 395 (Supreme Court of Delaware, 1923)
State v. Sage
126 P. 403 (Idaho Supreme Court, 1912)
Wooddell v. Territory of Arizona
187 F. 739 (Ninth Circuit, 1911)
State v. Brewington
78 A. 402 (New York Court of General Session of the Peace, 1910)

Cite This Page — Counsel Stack

Bluebook (online)
40 A. 939, 17 Del. 302, 1 Penne. 302, 1898 Del. LEXIS 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bower-nygensess-1898.