PEOPLE v. HEMPHILL


286 A.D. 1152 (1955)

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

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

November 16, 1955.


Judgment of conviction reversed on the law and a new trial granted.

Memorandum:

There seems to be no doubt, but that the complaining witness, Lillian Stoll, was, at the time of the alleged commission of the crime charged in the indictment, and at the time of trial, of the age of twelve years. Count one of the indictment so charged, and stated; her mother testified that she was born on February 24, 1942; the complaining witness herself testified in two instances...

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