104 N.Y.S. 277 | N.Y. App. Div. | 1907
The defendant was jointly indicted with two others for. murder in the first degree, in feloniously causing the death of one Chin Yen, by shooting with a loaded pistol. Upon the trial the evidence tended to show that other pistols were fired at about the same time; and it being doubtful whether the defendant fired the shot which caused the death, the district attorney withdrew the charge of homicide. The court, in charging the jury, read and defined the provisions of the Penal Code with respect to the crime of assault in the different degrees.
The People presented evidence tending to show, and which justified the jury in finding, not only that the defendant fired a pistol shot at the decédent, but that the bullet struck his chin. The defendant had a fair trial and the charge of the learned justice met with the approbation of counsel for the defendant, who volunteered the statement at the close thereof as follows: “ The charge is eminently satisfactory to the defendant. I have no requests.” The appellant contends that the body of the decedent was identified as that of Chin Yen snscified in the indictment, in whole or
It is further claimed that the court erred in receiving in evidence the jaw bone of the decedent which was fractured by a bullet. This was' competent to corroborate the evidence tending to show that the defendant.fired at the decedent’s chin and to identify Chin Yen, whose jaw bond it was, as the individual upon whom the assault was committed.
It is further urged that the conviction should be reversed because the district'attorney was permitted to ask leading questions with respect to the shooting. The trial court is vested with a'reasonable degree of discretion to permit leading questions to be asked, and we are of opinion that this discretion was not abused.
The- appellant also complains that his counsel was not allowed to show what disposition was made of the charges made against certain other individuals arrested a-t the same time; It is'claimed that this was competent as tending to impeach the testimony of the police officers upon the ground that they made unwarranted arrests and did riot know who Were guilty. The disposition of a criminal charge by' the court Or grand jury,-in the absence of some admission by the officer who made the arrest, would not be" competent as tending to impeach his testimony in respect to a commission of the crime by the party arrested by him.
The guilt of the defendant was quite satisfactorily shown and we find no reversible error. It follows that the judgment should be affirmed. ,
Patterson, P. J., Ingraham and. Claree, JJ., concurred.
Judgment and orders affirmed.
See Penal Code, § 317 et seq.— [Rep.