People v. Kelly

The May grand jury of the county of New York indicted the defendant for the crime of sodomy on the 1st day of May, 1931; and after the defendant joined issue by entering a plea of not guilty he was duly tried before this court and a jury and adjudged guilty on May 13, 1931. After the verdict, defendant’s motion to set it- aside was denied. Pending imposition of sentence, counsel for the defendant on his behalf has again moved this court to set aside the conviction and to dismiss the indictment.

In the course of the trial the defendant introduced in evidence the papers in this case which had…