PEOPLE v. GARLAND


42 A.D.2d 768 (1973)

The People of the State of New York, Appellant, v. James Garland, Respondent

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

July 23, 1973


Order reversed, on the law, indictment reinstated, and new trial ordered.

The appeal did not present questions of fact. The complainant identified defendant as the man who had raped her and testified that in the course of the incident he struck her over the head with a bottle, causing lacerations and bleeding. She had intentionally placed blood from her wound on portions of the assailant's vehicle. She further testified that she was raped on the back seat, with her...

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