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People v. Kingsley

158 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1916-05-03 English

Decision Majority — PER CURIA-M. · Dissent — JOHN M. KELLOGG, P. J.

Contents
p. 1125
The PEOPLE of the State of New York, respt., v. Dell KINGSLEY, applt.
(Supreme Court, Appellate Division, Third Department.
May 3, 1916.)

Headnote

Appeal from Warren County Court. Dell Kingsley was convicted of crime, and he appeals.
Judgment affirmed.

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 concur, except Kellogg, P. J., dissenting in memorandum, in which Howard, J., concurs.

(dissenting). 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 , 10 N. E. 880 , 58 Am. Rep. 530 ; People v. Friedman, 139 App. Div. 795 , 124 N. Y. Supp. 521 .

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