PEOPLE v. SPRY


5 A.D.2d 835 (1958)

The People of the State of New York, Respondent, v. Chester Spry, Appellant

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

February 3, 1958


Judgment, insofar as it convicts appellant of sodomy in the first degree, reversed on the law and a new trial ordered. The findings of fact are affirmed.

Although the learned County Judge properly charged the jury that certain evidence adduced, if believed, was sufficient to justify a verdict against appellant, he also charged that no penetration was necessary to constitute the crime charged, and that certain other evidence, which did not necessarily involve sexual...

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