People v. Schulwolf

Appellate Division of the Supreme Court of New York

People v. Schulwolf

254 A.D. 579, 2 N.Y.S.2d 868, 1938 N.Y. App. Div. LEXIS 9348

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

DecidedMarch 18, 1938

StatusPublished

This text of 254 A.D. 579 (People v. Schulwolf) 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. Schulwolf, 254 A.D. 579, 2 N.Y.S.2d 868, 1938 N.Y. App. Div. LEXIS 9348 (N.Y. Ct. App. 1938).

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Opinion

Defendant was indicted for the crime of rape in the first degree and assault in the second degree with intent to commit rape. After an order had been granted permitting defendant to examine the minutes of the grand jury, a motion to dismiss the indictment was made on the ground that there was no evidence to corroborate the complaining witness. The motion was granted. Order of the County Court of Kings county reversed on the law and motion denied. The grand jury minutes show sufficient corroboration, through the admission of the defendant and otherwise, so that a question of fact is presented. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

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Defendant was indicted for the crime of rape in the first degree and assault in the second degree with intent to commit rape. After an order had been granted permitting defendant to examine the minutes of the grand jury, a motion to dismiss the indictment was made on the ground that there was no evidence to corroborate the complaining witness. The motion was granted. Order of the County Court of Kings county reversed on the law and motion denied. The grand jury minutes show sufficient corroboration, through the admission of the defendant and otherwise, so that a question of fact is presented. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

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Bluebook (online)

254 A.D. 579, 2 N.Y.S.2d 868, 1938 N.Y. App. Div. LEXIS 9348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schulwolf-nyappdiv-1938.