People v. Christie

Defendant appeals from his conviction of the crime of incest. The indictment charged that the incestuous act was committed with his 15-year-old daughter who was pregnant at the time of appellant’s arrest. Uncontradicted testimony by school authorities indicated that the daughter’s mental age was that of a child of not more than 9 years and that her I. Q. was 61.

The quality of the evidence offered by the prosecution, including the testimony of this unfortunate confused, child, fell short *599of that necessary to prove the charge beyond a reasonable doubt (People v. Porcaro, 6 N Y 2d 248, 252). The…