6 N.Y.S. 833 | N.Y. Sup. Ct. | 1889
The trial court refused to hold that the pardon granted the defendant by the governor-of the state of Georgia exempted him from liability to conviction here as for a second offense. The court held that the pardon did not disprove the fact of conviction in the state of Georgia, but was
The defendant excepted to the ruling of the court that one Cochrane was not disqualified as a juror. The defendant then peremptorily challenged him. The defendant did not exhaust his peremptory challenges. Thus the defendant, who did not want this person as a juror, was permitted to exclude him,
We have examined the exceptions to the admission of various portions of the testimony, and to the denial of motions to strike out, and find none that we regal'd as well taken. We have read the entire evidence, and we think it was sufficient to warrant the verdict rendered by the jury. The case against the defendant was one of circumstantial evidence; but we have read the evidence, and are satisfied that, although the defendant did not take the package of bonds, he purposely diverted Hedrick’s attention enough to enable a confederate to take them. Judgment affirmed. All concur.