People v. Telles

This is a motion to dismiss the indictment. The indictment charges (1) incest, (2) assault, second degree, with intent to commit incest, (3) impairing the morals of a minor. All charges arise from a single act of intercourse allegedly committed on November 21, 1962. I have read the Grand Jury minutes. The only evidence before the Grand Jury is the testimony of the 15-year-old prosecutrix. She testifies that the act of intercourse took place on November 21, 1962, but that she made no disclosure until December 30, 1962. No evidence of a physical examination was presented. No other evidence,…