People v. King

208 A.D. 854

Opinion

The testimony at folios 539, 548, 572 and 595 of witnesses as to the character and reputation of the complaining witness and her non-drink ng habits, based upon their personal observation, was incompetent, and constitutes reversible error. (Hart v. McLaughlin, 51 App. Div. 411, 413; People v. Van Gaasbeck, 189 N. Y. 408, 418; Chamberlayne Ev. § 3340.) The judgment of conviction of the Orange County Court is, therefore, reversed on the law, and a new trial is ordered. Kelly, P. J., Rich, Jaycox, Kelby and Kapper, JJ., concur.

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People v. King, 208 A.D. 854 (N.Y. Ct. App. 1924).

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Related

People v. . Van Gaasbeck
82 N.E. 718 (New York Court of Appeals, 1907)
Hart v. McLaughlin
51 A.D. 411 (Appellate Division of the Supreme Court of New York, 1900)