People v. Deschessere
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Francesco Deschessere, from a judgment of the Court of General Sessions óf the Peace in and for the city and county of Hew York in favor of the plaintiff, entered in the office of the clerk of said court on the 11th day of April, 1901,' convicting him of the crime- of .sodomy, and also from an order, entered in said clerk’s office on the 19th day of' April, 1901, denying the -defendant’s motion for a new trial made upon the minutés.
1Opinion of the Court
O’Brien, J.:
The nature of the crime charged forbids our dwelling upon the facts, and it is only necessary to refer to them so far as to point out,, and that but briefly, the reasons for which we think the judgment should be reversed.
The People Claim to have proved that the defendant committed the act of which he is accused with one Louis Asterita, a youth seventeen years of age, who, it appears, was an imbecile or person of weak intellect, or, as his father characterized him, “ crazy.” This youth was the principal witness, and, although he said, when first interrogated, that-his father had…
2Cases cited1 opinion
- People v. . LedwonNew York Court of Appeals · 1897
3Cited by2 opinions
- State v. KeckonenMontana Supreme Court · 1938
- State v. CareyNevada Supreme Court · 1912