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· 1/15/1883

Newell v. Whigham

Citations

  • 36 N.Y. Sup. Ct. 204

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a jury cannot presume a guilty knowledge based upon “recency plus lack of explanation,” but a jury could infer guilt under such circumstances
  • \an inference is no more that a logical tool enabling the trier of fact to proceed from one fact to another.\
  • \[w]e have long recognized a distinction between the warrantless search of an automobile and that of a home or office\
  • “[w]e have long recognized a distinction between the warrantless search of an automobile and that of a home or office”
  • retrial barred after court declared mistrial sua sponte because jurors overheard assistant district attorney say, \Is the man with the records here?\
  • “A rebuttable presumption forces the defendant to come forth or suffer inevitable defeat on the issue in controversy.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.