Volume 9 — New York Criminal Reports

<p>1. Appeal—Objection.</p> <p>The mere fact that, during the progress of a long trial, improper or incompetent evidence is admitted, to which the attention of the trial judge has not been called, affords no reason for disturbing the judgment.</p> <p>2. Criminal law—Indictment.</p> <p>The indictment, in this case, was held to state sufficient facts to-constitute the crime defined by § 379 of the Penal Code.</p> <p>3. Juror—General incompetency.</p> <p>The discretionary right of the court to reject a juror for general incompetency was upheld under the facts of this case.</p> <p>4. Evidence—Irresponsive.</p> <p>Striking out evidence as irresponsive is the exercise of the discretion of the trial court.</p> <p>6. Same.</p> <p>Where an answer is in part competent, it is not error to refuse to strike out the whole answer on the ground merely that it is irresponsive.</p> <p>6. Appeal—Charge.</p> <p>An instruction that, if the jury are convinced, beyond a reasonable-doubt, of the guilt of the defendant, they may convict, no matter what opinion they have as to the testimony of a certain named witness, is not-erroneous.</p> <p>7. Same.</p> <p>Where the proofs of loss furnished are, by their terms, necessarily-intended to constitute a claim for indemnity, the refusal of a request to charge, based upon the assumption that it had not been intended to' present a claim, is correct.</p> <p>8. Same.</p> <p>Error cannot be predicated upon a refusal to present additional requests to charge, to which no exception was taken.</p> <p>9. Evidence—Documentary.</p> <p>Where documentary evidence, taken from the prisoner by search warrant, is introduced by the people, a reversal, if no exception has been taken to its admission, is not obligatory.</p>

The indictment charged a conspiracy on the part of John Y. McKane and twenty-one others to violate the provisions of the election law by rendering the registry lists of the town of Grave-send inaccessible to the public for examination or copying.

<p>Criminal law—Indictment—Usury.</p> <p>An indictment for usury, under section 378 of the Penal Code, must charge the usurious agreement, specifying its terms and the particular facts relied upon to bring it within the prohibitive clause of this section.</p>

<p>CONSTITUTIONAL LAW—CONVICT MADE GOODS.</p> <p>Chapter 698 of 1894, requiring convict-made goods to be labeled as such when exposed for sale, is unconstitutional.</p>

<p>Criminal law—Judgment—Recital.</p> <p>Under section 701 of the Code of Criminal Procedure, the judgment of conviction, in a case tried in a court of special sessions, without a jury, need not recite that the defendant did not demand a jury.</p>

Motion by defendant that the recorder advise the grand jury, not to examine any charge against defendant while an examination was pending before him.

<p>'Appeal from an order, declaring the defendant a disorderly person in failing to support Ms wife and cMld.</p>

Quong Kun, a Chinese laundryman, was indicted for a criminal assault upon Maggie Blackmer, a child of five years old, on the evening of January 31,1895. The alleged criminal assault was not discovered until a month later, when, the child becoming ill, she told her story to her mother. Quong Kun was arrested, and identified by the child. In Ms presence, and that of her mother and the police officer who made the arrest, she told the story of the alleged criminal assault.

<p>Criminal law—-Less degree.</p> <p>Though the jury may find the defendant guilty of a less degree of crime than is charg'ed in the indictment, they cannot find him guilty of a less degree than is shown by the evidence.</p>