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Penfield against Carpender

New York Supreme Court of Judicature1816-08
13 Johns. 350

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

.Per-Curiam.

The admission of such testimony, was illegal and dangerous, and no subsequent caution or advice by the justice,-that the jury ought to. disregardwhat the witnesses had sworn, can cure .the irregularity. • The law forbids such testimo;ny, hecaiise it mayAaiie anánfluence upon honest jurors, .who aré unconscious of the impressions which- they retain, inotwith^ standing;.theeffort of the court to obliterate-then}. V. " The tazation of costs .was alsoillegab

Judgmeht-reversedt-