The order of the Appellate Division should be reversed, defendant's conviction of rape in the first degree vacated, and a new trial ordered.
The trial court erred in refusing to give a missing witness charge addressing the inference that could be drawn from the People's failure to call complainant's common-law husband to testify concerning her physical condition, as observed by him, when she returned home...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
