People v. Klein

The conviction of defendant, in three separate proceedings, upon the uncorroborated testimony of one infant witness in each proceeding, must be reversed, as the. evidence does not establish the guilt of defendant beyond a reasonable doubt. The sole witness in each of two proceedings was under eleven years of age, and in the other proceeding the sole witness was under fourteen years of age. The two witnesses under twelve years of age were not properly examined, preliminarily, by the magistrate, before being sworn, to determine the child’s competency. (Code Crim. Proc. § 392; Civ. Prac. Act, §…