PEOPLE v. PETERS


3 A.D.2d 855 (1957)

The People of the State of New York, Respondent, v. Richard Peters, Appellant

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

April 15, 1957


Judgment reversed on the law and the facts and information dismissed.

Appellant's guilt was not established beyond a reasonable doubt. During the trial the complainant, a mentally retarded 20-year-old girl, was permitted to be examined and cross-examined without being sworn. There is no provision in the Code of Criminal Procedure authorizing such practice. Complainant's statement, therefore, was without probative value and was inadmissible. The testimony of the other...

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