MATTER OF KIRKPATRICK


18 A.D.2d 1127 (1963)

In the Matter of Harold D. Kirkpatrick, Appellant. The People of the State of New York, Respondent

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

April 4, 1963


Judgment unanimously reversed on the law and facts and a new trial granted.

Memorandum:

The appellant, an infant 11 years of age, was adjudicated delinquent upon the charge that he had thrown stones at a moving train and had broken a window in a passenger car. The most damaging proof was the testimony of a railroad policeman who had secured a written statement from the boy admitting that he had thrown stones at a passing train, which the lad described as a...

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