100 N.Y. 503 | NY | 1885
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *507
We agree with the learned judges of the courts below in the opinion that the facts in evidence fully justified the submission of the case to the jury as one in which they might find the defendant guilty of murder in the first degree, as charged in the indictment, and think it necessary to consider only those points which allege error in regard to evidence, or the directions under which the evidence was to be weighed. First. The deposition of Mrs. Daghiero, the widow of the murdered man, taken on application of the prisoner and in pursuance of the provisions of the Code of Criminal Procedure (§§ 620-635), was offered in evidence in behalf of the people, the district attorney stating, as appears by the record, "that he would read the same for the reason that the same conditions now exist to prevent the personal attendance of the witness as existed at the time of granting the order for the taking such examination, and that the witness is unable to personally attend by reason of her continued sickness." It also appears that the defendant's counsel made no objection or exception to the reading of the same, and it was thereupon read. Errors upon criminal trials can be made available in this court only by exceptions duly taken on the trial (People v.Thompson,
Second. In behalf of the prisoner twenty-eight requests to charge were submitted to the court, and among others one in these words: "The prisoner is entitled to the benefit of any reasonable doubt which the jury might entertain, not only upon the case generally but upon each and every specific fact necessary for them to find before reaching a verdict in the case, and if they entertain any such doubt in respect to any matter necessary to sustain a verdict for either of the higher offenses, then it is their duty to convict of the lesser, and if they entertain any such doubt on the whole case they must acquit."
In response the court said to the jury: "I charge you that, perhaps I can put it in shorter terms so that you can understand it. If you have any reasonable doubts upon any facts which are necessary to convict the defendant he is entitled to the benefit of that doubt. If you have any reasonable doubt of his guilt he is entitled to be acquitted. If you have any reasonable doubt of his guilt of murder in the first degree you cannot convict him of that count. If you have any reasonable doubt of guilt of murder in the second degree you cannot convict him on that count, or if you have any reasonable doubt as to manslaughter in either degree you cannot convict him of that, and he must be acquitted. You must understand what a reasonable doubt is. It is not a mere guess or surmise that the man may not be guilty, it is such a doubt as a reasonable man might entertain after a fair review and consideration of the evidence. A doubt for which some good reason arising from the evidence can be given. When you find such a doubt as that in a case, it is your duty to give the prisoner the fullest and amplest benefit of it."
"To all which defendant's counsel," as the case states, "then and there duly excepted."
It is entirely well settled that such general exception is of no avail if any portion of the matter be well stated. (Decker
v. Mathews,
Many other propositions are submitted to us as ground for a new trial. They have been examined, but we find no error of law, and must affirm the judgment.
All concur, except RAPALLO, J., not voting.
Judgment affirmed. *511