New York Court of General Session of the Peace, 1898

State v. Bower

State v. Bower
New York Court of General Session of the Peace · Decided May 21, 1898 · Rore
17 Del. 302; 1 Penne. 302; 40 A. 939; 1898 Del. LEXIS 24

Counsel

Peter L. Cooper, Jr., Deputy Attorney-General for the State., Artemas Smith, for the defendant.

State v. Bower

Opinion of the Court

Rore, C. J:—

The execution is his only authority. What the witness may say has nothing to do with it. He says he was authorized and had a right to be there. The defendant says he had not, and the only way to show that he had a right to be there is to produce the paper by which that authority is shown.

The testimony later developed that the prosecuting witness first put his hands upon the defendant, and the State thereupon entered a nolle prosequi.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.