People v. Garner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Garner, from a judgment of the County Court of Nassau county in favor of the plaintiff, rendered on the 4th day of December, 1900, convicting him of the crime of rape in the second degree.
1Opinion of the Court
Hirschberg, J.:
The complainant was the daughter of the defendant, a chilcl fifteen years of age. The commission of the crime was proven by her ■direct evidence, and by the evidence of the farm hand Smith and also by proof of defendant’s admissions made to others. Various errors in ruling are alleged, however.
It is alleged that the court erred in permitting the defendant’s wife to testify to his confessions. Assuming that it would be improper to permit a wife to testify to such confessions of guilt as privileged and confidential communications, it is a sufficient answer to this point to say…
2Cases cited1 opinion
- People v. . FlahertyNew York Court of Appeals · 1900
3Cited by3 opinions
- People v. McCormackAppellate Division of the Supreme Court of the State of New York · 1951
- People v. AdamsAppellate Division of the Supreme Court of the State of New York · 1902
- Osborne v. CommonwealthSupreme Court of Virginia · 1974