PEOPLE v. MESSINA


278 A.D. 592 (1951)

The People of the State of New York, Respondent, v. Joseph Messina, Appellant

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

January 29, 1951.


In our opinion the exclusion by the trial court of proof by appellant's attending physician of appellant's physical condition at the time of the alleged crime, proffered to establish that appellant was then physically unable to commit the crime as described by the complainant, was a prejudicial error which affected substantial rights of appellant. (People v. Wells,...

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