Dissent
p. 985Third Department, May, 1916. The People of the State of New York, Respondent, v. Dell Kingsley, Appellant.
Headnote
Appeal from a judgment of conviction of the County Court of Warren county, rendered on the 23d day of June, 1915.Judgment of conviction affirmed, the court finding no prejudicial error calling for a reversal of the conviction under section 542 of the Code of Criminal Procedure. All concurred, except Kellogg, P. J., who dissented in memorandum, in which Howard, J., concurred.
It was reversible error to receive, over the defendant’s objection, the evidence of Mrs. May that her sister, the complainant, after she discovered her pregnancy, two months after the alleged offense, stated to her that the defendant was responsible for her condition. (Baccio v. People, 41 N. Y. 265 ; People v. Clemons, 37 Hun, 580 ; People v. O'Sullivan, 104 N. Y. 481 ; People v. Friedman, 139 App. Div. 795 .) Howard, J., concurred.
Cases cited
- People v. O'Sullivan 104 N. Y. 481 p. 985
- People v. Friedman 139 App. Div. 795 p. 985