People v. King
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The testimony at folios 539, 548, 572 and 595 of witnesses as to the character and reputation of the complaining witness and her non-drink ng habits, based upon their personal observation, was incompetent, and constitutes reversible error. (Hart v. McLaughlin, 51 App. Div. 411, 413; People v. Van Gaasbeck, 189 N. Y. 408, 418; Chamberlayne Ev. § 3340.) The judgment of conviction of the Orange County Court is, therefore, reversed on the law, and a new trial is ordered. Kelly, P. J., Rich, Jaycox, Kelby and Kapper, JJ., concur.
2Cases cited2 opinions
- People v. . Van GaasbeckNew York Court of Appeals · 1907
- Hart v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1900