People v. Riordan

CourtNew York Court of Appeals
Writing for the CourtANDREWS
Citation117 N.Y. 71,22 N.E. 455
PartiesPEOPLE v. RIORDAN.
Decision Date15 October 1889

117 N.Y. 71
22 N.E. 455

PEOPLE
v.
RIORDAN.1

Court of Appeals of New York.

Oct. 15, 1889.


Appeal from supreme court, general term, fourth department.

John D. Riordan appealed from a conviction of manslaughter in the second degree to the general term of the supreme court, which reversed the judgment of the trial court, (3 N. Y. Supp. 774,) and the people appeal.

DANFORTH, J., dissenting.


[117 N.Y. 72]Irving R. Devendorf, Dist.
Atty., for the People.

[117 N.Y. 73]A. M. Mills, for respondent.


ANDREWS, J.

The conviction in this case cannot be disturbed unless there was error in the charge. The rule that, in criminal cases, the defendant is entitled to the benefit of a reasonable doubt, applies, not only to the case as made by the prosecution, but to any defense interposed. Stokes v. People, 53 N. Y. 164;Brotherton v. People, 75 N. Y. 159;O'Connell v. People, 87 N. Y. 377;People v. McCann, 16 N. Y. 58. The defendant on the trial sought to establish that the homicide was committed in self-defense. This issue was tried, and submitted to the jury, as a material issue in the case. This court cannot say that there was an absence of any evidence to support it. The court, in its charge, instructed the jury that ‘the defendant in a criminal action is always presumed to be innocent until the contrary is proved; and, in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal.’ If the matter had been left here, there would have been no error. The charge covered the point that a reasonable doubt upon any material issue was to operate in [117 N.Y. 74]favor of the defendant. But on the conclusion of the main charge the district attorney asked the court to charge ‘that, where the defendant makes a claim of self-defense,-that the homicide was committed in self-defense,-the burden of establishing the necessary facts to avail himself of that defense is upon the defenant;’ and the court replied: ‘I think I have already charged that;’ and the defendant excepted to the proposition presented by the prosecution, and acceded to by the court. The court then said: ‘I charge that where a defense of self-defense is set up, in the legal term, the burden of proof is upon the defendant to establish his defense beyond a reasonable doubt.’ The district attorney then said: ‘I ask the court to withdraw that charge. We do not claim that the burden of proof is upon the defendant to establish the defense of self-defense beyond a reasonable doubt.’...

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13 practice notes
  • State v. Webb
    • United States
    • Idaho Supreme Court
    • January 20, 1899
    ...State, 38 Neb. 871, 57 N.W. 751; 1 Greenleaf on Evidence, sec. 81, notes; 3 Greenleaf on Evidence, sec. 29, and note A; People v. Riordon, 117 N.Y. 71, 22 N.E. 455; People v. Downs, 123 N.Y. 558, 25 N.E. 988; Tiffany v. Commonwealth, 121 Pa. St. 165, 6 Am. St. Rep. 775, 15 A. 219; Rudy v. C......
  • State v. Ballou
    • United States
    • Rhode Island Supreme Court
    • July 7, 1898
    ...v. Allender (Cal.) 48 Pac. 1014; People v. Downs, 123 N. Y. 558, 25 N. E. 988; Id., 56 Hun, 5, 8 N. Y. Supp. 521; People v. Riordan, 117 N. Y. 71, 22 N. E. 455; Baker v. State, 53 N. J. Law, 45, 20 Atl. 858; Sherlock v. State (N. J. Sup.) 37 Atl. 435; Rhodes v. State (Ind. Sup.) 27 N. E. 86......
  • State v. Hazlett
    • United States
    • United States State Supreme Court of North Dakota
    • October 18, 1907
    ...Scott, 123 Cal. 434, 56 Pac. 102;Barton v. Territory (Ariz.) 85 Pac. 730;People v. Downs, 123 N. Y. 558, 25 N. E. 988;People v. Riordan, 117 N. Y. 71, 22 N. E. 455;People v. Pallister, 138 N. Y. 601, 33 N. E. 741;People v. Shanley, 49 App. Div. 56, 63 N. Y. Supp. 449;State v. Conahan, 10 Wa......
  • Commonwealth v. Colandro, 353
    • United States
    • United States State Supreme Court of Pennsylvania
    • April 10, 1911
    ...Repr. 896); Dent v. State, 105 Ala. 14 (17 So. Repr. 94); State v. Alexander, 66 Mo. 148; State v. Hill, 69 Mo. 451; People v. Riordan, 117 N.Y. 71 (22 N.E. Repr. 455); Briceland v. Com., 74 Pa. 463; Turner v. Com., 86 Pa. 54; Tiffany v. Com., 121 Pa. 165. We have been unable to find any ca......
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13 cases
  • State v. Webb
    • United States
    • Idaho Supreme Court
    • January 20, 1899
    ...State, 38 Neb. 871, 57 N.W. 751; 1 Greenleaf on Evidence, sec. 81, notes; 3 Greenleaf on Evidence, sec. 29, and note A; People v. Riordon, 117 N.Y. 71, 22 N.E. 455; People v. Downs, 123 N.Y. 558, 25 N.E. 988; Tiffany v. Commonwealth, 121 Pa. St. 165, 6 Am. St. Rep. 775, 15 A. 219; Rudy v. C......
  • State v. Ballou
    • United States
    • Rhode Island Supreme Court
    • July 7, 1898
    ...v. Allender (Cal.) 48 Pac. 1014; People v. Downs, 123 N. Y. 558, 25 N. E. 988; Id., 56 Hun, 5, 8 N. Y. Supp. 521; People v. Riordan, 117 N. Y. 71, 22 N. E. 455; Baker v. State, 53 N. J. Law, 45, 20 Atl. 858; Sherlock v. State (N. J. Sup.) 37 Atl. 435; Rhodes v. State (Ind. Sup.) 27 N. E. 86......
  • State v. Hazlett
    • United States
    • United States State Supreme Court of North Dakota
    • October 18, 1907
    ...Scott, 123 Cal. 434, 56 Pac. 102;Barton v. Territory (Ariz.) 85 Pac. 730;People v. Downs, 123 N. Y. 558, 25 N. E. 988;People v. Riordan, 117 N. Y. 71, 22 N. E. 455;People v. Pallister, 138 N. Y. 601, 33 N. E. 741;People v. Shanley, 49 App. Div. 56, 63 N. Y. Supp. 449;State v. Conahan, 10 Wa......
  • Commonwealth v. Colandro, 353
    • United States
    • United States State Supreme Court of Pennsylvania
    • April 10, 1911
    ...Repr. 896); Dent v. State, 105 Ala. 14 (17 So. Repr. 94); State v. Alexander, 66 Mo. 148; State v. Hill, 69 Mo. 451; People v. Riordan, 117 N.Y. 71 (22 N.E. Repr. 455); Briceland v. Com., 74 Pa. 463; Turner v. Com., 86 Pa. 54; Tiffany v. Com., 121 Pa. 165. We have been unable to find any ca......
  • Request a trial to view additional results

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