212 A.D. 691 | N.Y. App. Div. | 1925
Mildred Lewis, seventeen years old, was walking to the home of her married sister. She left the highway near the residence of the defendant and proceeded across the fields. In climbing a line fence between the farm of the defendant and that occupied by her sister and family her clothing was caught and held by a barbed wire. The defendant had followed from the highway as he claims for the purpose of turning his cattle into a different field. He helped her disentangle her clothing and then assaulted her in a manner detailed by her, which if true leaves no doubt of the propriety of this judgment of conviction. He, admitting that he helped her over the fence, denies any improper conduct. He is corroborated by his wife and daughter who claim to have seen him assist the girl over the fence. Numerous witnesses testified to his good repute in the community where he had resided. Three days after the occurrence at the fence defendant was arrested by a State trooper who testified that the defendant immediately on his arrest admitted in.detail his conduct as detailed by Mildred Lewis. This the defendant denied. To her stepbrother he said if he had known she was his sister he would not have done it. To her stepfather he said, “he didn’t know what ailed him; he must have lost his head.” Manifestly the evidence is such that the judgment of conviction should not be disturbed except for an incident which may well have improperly influenced the jury.
The defendant when arrested was taken before a justice of the peace who was a brother of the complaining witness, Mildred Lewis. He was there convicted of assault in the third degree and sentenced to jail. This judgment of conviction was reversed on appeal with the consent of the district attorney and the present indictment followed. At the hearing before the justice of the peace a statement of the defendant was taken under oath, reduced to writing and subscribed by him. He cannot read but presump
The judgment of conviction should be reversed on the law and facts and a new trial granted.
All concur.
Judgment of conviction reversed on the law and facts and new trial granted.