PEOPLE v. WALRATH


279 A.D. 56 (1951)

The People of the State of New York, Respondent, v. Theron Walrath, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 14, 1951.


Attorney(s) appearing for the Case

Arthur B. Hart for appellant.

Charles E. Bowers, District Attorney of St. Lawrence County, for respondent.

FOSTER, P. J., BREWSTER, BERGAN and COON, JJ., concur.


HEFFERNAN, J.

In the month of April, 1951, a Grand Jury in the County of St. Lawrence sitting in connection with a Trial Term of the Supreme Court returned an indictment against defendant charging him in three separate counts with the crimes of rape in the second degree, assault in the second degree and adultery, all arising out of the same occurrence.

The indictment accused defendant with the commission of these crimes during the month of July...

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