PEOPLE v. CHRISTIE


16 A.D.2d 598 (1962)

The People of the State of New York, Respondent, v. Andrew J. Christie, Appellant

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

July 2, 1962.


Attorney(s) appearing for the Case

Grace Marie Ange for appellant.

John J. Conway, Jr., District Attorney (Nicholas P. Varilan of counsel), for respondent.

WILLIAMS, P. J., BASTOW, GOLDMAN, McCLUSKY and HENRY, JJ., concur.


Per Curiam.

Defendant appeals from his conviction of the crime of incest. The indictment charged that the incestuous act was committed with his 15-year-old daughter who was pregnant at the time of appellant's arrest. Uncontradicted testimony by school authorities indicated that the daughter's mental age was that of a child of not more than 9 years and that her I. Q. was 61.

The quality of the evidence offered by the prosecution, including the testimony...

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