293 N.Y. 649 | NY | 1944
The questions for the determination of the jury were close ones. The case must be reversed because of an error in the instructions to the jury. The crime charged was rape in the first degree. It was established that the complainant, aged fourteen years at the time of the alleged commission of the crime, had become pregnant. The court was requested to charge by defendant's counsel: "I ask your Honor to charge that the pregnancy of the complainant is no corroboration of the crime charged here. The Court: I refuse to charge it in those words. I will charge that they are to consider it together *650 with all the other evidence in the case. Defendant excepts. [Counsel]: I ask your Honor to charge that pregnancy is no corroboration of the crime charged here. The Court: I decline to so charge. Defendant excepts. The Court: As it stands, by itself, it is no corroboration, but in connection with other evidence, they may consider it. [Counsel]: I except to your Honor's qualification."
In People v. Whitson (
The judgments should be reversed and a new trial ordered.
LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ., concur.
Judgments reversed, etc. *651