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Daley v. People

9 N.Y. Sup. Ct. 681 Court N.Y. Sup. Ct. English

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p. 681
JOSEPH B. DALEY, Plaintiff in Error, v. THE PEOPLE OF THE STATE OF NEW YORK, Defendants in Error.

Headnote

Evidence of wife against husband—when objection must be taken.
Certiorari to review the conviction of the plaintiff in error by a police justice of the city of Brooklyn for an abandonment, and for a threatened abandonment of his wife, in pursuance of chapter 395, Laws of 1871.
It was alleged, as a ground of error, that the wife of the accused had been allowed to testify against him. The General Term held
p. 682
that as she was sworn as a witness without objection, it was too late, after conviction, to raise the point.
Dailey & Perry, for the plaintiff in error.
Wm. J. Dainty, for the people.

Opinion by Barnard, P. J.

Present — Barnard, P. J., Tappen and Talcott, JJ.

Tappen, J., dissented.

Proceedings and conviction affirmed, with costs.