People v. Walter Bennett, Appeal: Defendant's Request to Charge

People v. Walter Bennett, appeal

The Defendant's Request to Charge

  • 1. I ask your Honor to charge the jury that no matter how conclusive the testimony may appear to be, the character of the accused may be such as to create a doubt in the minds of the jury, and lead them to believe, in view of the improbabilities, that such a person of such character would not be guilty of the offense charged, that the other evidence in the case is false, or the witnesses mistaken. (People vs. Remsen, 43 N. Y., 6.)
  • 2. I ask your Honor to charge the jury that evidence of good character may in and of itself raise a reasonable doubt which would warrant a jury in acquitting a defendant, no matter how strong the evidence against him may be. (People vs. Feldner; Goldbing, 28 App. Div., 444.)
  • 3. Evidence of good character is not only of value in doubtful cases and in prosecution of minor offenses, but is entitled to be considered when the crime charged is atrocious and also when the testimony tends very strongly to establish the guilt of the accused. It will sometimes of itself creats a doubt when, without it, none would exist.
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