PEOPLE v. MARSHALL


282 A.D. 36 (1953)

The People of the State of New York, Respondent, v. Stella Marshall, Appellant, et al., Defendants

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

May 12, 1953.


Attorney(s) appearing for the Case

Sidney E. Friedman (Martin S. Friedman with him on the brief), for appellant.

John B. Lee of counsel (Herman J. Fliederblum with him on the brief; George B. De Luca, District Attorney), for respondent.

CALLAHAN, J., concurs with BERGAN, J.; COHN, J., concurs in result in opinion; PECK, P. J., dissents and votes to reverse and order a new trial, in opinion, in which GLENNON, J., concurs.


BERGAN, J.

The proof in support of the charge that the defendant-appellant committed abortion is clearly presented and wholly uncontradicted in the record.

The testimony of the woman subjected to the abortion was that after paying $60 to the codefendant Benjamin, who was also convicted but does not appeal, she was taken by that defendant to appellant Marshall's premises and a tube was inserted by appellant...

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