New York Court of Appeals

Peter La Beau, Plaintiff in Error v. the People, Defendants in Error

January 5, 186634 N.Y. 223

Summary

The Court of Appeals affirmed the conviction of Peter La Beau for administering poison, holding that the trial court did not err in denying the duplicity motion, in its construction of the statute, in admitting evidence of a threatened "slung shot," and in excluding irrelevant cross‑examination about the witness's prior sexual conduct. The majority emphasized the trial judge's discretion over immaterial impeachment questions. A concurring opinion agreed with the judgment but argued that the slung‑shot identification and the sexual‑conduct inquiries should have been admitted. The decision thus leaves the conviction intact.