People v. Grattop

Appellate Division of the Supreme Court of New York

People v. Grattop

258 A.D. 1021, 17 N.Y.S.2d 162, 1940 N.Y. App. Div. LEXIS 8668

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 24, 1940

StatusPublished

This text of 258 A.D. 1021 (People v. Grattop) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Grattop, 258 A.D. 1021, 17 N.Y.S.2d 162, 1940 N.Y. App. Div. LEXIS 8668 (N.Y. Ct. App. 1940).

Pincite

Opinion

Defendant has been convicted of the crime of second degree rape. He appeals. The complainant, a child twelve years of age, testified to the act. Bach of four lay witnesses gave evidence which corroborates her testimony that the defendant had intercourse with her. A physician testified that a few hours after the alleged act he found conditions which disclosed that complainant had recently had intercourse with some man. There was proof of statements by defendant subsequent to the transaction which were in the nature of admissions of guilt. Slight error should be overlooked in view of the overwhelming proof of defendant’s guilt. The judgment should be affirmed under section 542 of the Code of Criminal Procedure. Judgment affirmed. Hill, P. J., Bliss and Heffernan, JJ., concur; Schenek and Foster, JJ., dissent.

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Defendant has been convicted of the crime of second degree rape. He appeals. The complainant, a child twelve years of age, testified to the act. Bach of four lay witnesses gave evidence which corroborates her testimony that the defendant had intercourse with her. A physician testified that a few hours after the alleged act he found conditions which disclosed that complainant had recently had intercourse with some man. There was proof of statements by defendant subsequent to the transaction which were in the nature of admissions of guilt. Slight error should be overlooked in view of the overwhelming proof of defendant’s guilt. The judgment should be affirmed under section 542 of the Code of Criminal Procedure. Judgment affirmed. Hill, P. J., Bliss and Heffernan, JJ., concur; Schenek and Foster, JJ., dissent.

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Bluebook (online)

258 A.D. 1021, 17 N.Y.S.2d 162, 1940 N.Y. App. Div. LEXIS 8668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-grattop-nyappdiv-1940.