9 Barb. 609 | N.Y. Sup. Ct. | 1850
According to the doctrine of the court in The People v. Bodine, (1 Denio, 314,) the charge to the jury in this case, in regard to the consequence of the defendant’s omission to give evidence of good character, was erroneous. If the court had simply declined charging as requested by the prisoner’s counsel, there would have been no error on that subject, as no evidence had been offered on either side, touching the defendant’s general character; and according to some of the authorities, the views contained in the charge, were sound, But the more recent cases, hold that where no proof of general Character is given, the law assumes that it is of ordinary
The judgment of the court of oyer and terminer must be reversed, and a new trial granted.