Legal Opinion · Dissent

People v. Porcaro

New York Court of Appeals

Decided July 8, 1959Published

1Dissent

Burke, J. (dissenting).

This court lacks the power to reverse the judgment of conviction on the ground that the sworn testimony of the child witness is uncorroborated.

At common law, the testimony of a female victim in any case of sexual offense was not required to be corroborated. Such testimony alone was sufficient to support a conviction (7 Wig-more, Evidence [3d ed.], § 2061). The requirement of corroboration, that is the necessity to produce independent evidence supporting the testimony of the injured female, is of statutory origin. Thus corroboration is required by statute in cases of…

2Cases cited27 opinions

  1. People v. . MolineuxNew York Court of Appeals · 1901
  2. Wheeler v. United StatesSupreme Court of the United States · 1895
  3. People v. . O'SullivanNew York Court of Appeals · 1887
  4. State v. DriverWest Virginia Supreme Court · 1921
  5. McGuff v. StateSupreme Court of Alabama · 1889

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