From Casetext: Smarter Legal Research

People v. Rhodes

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1954
283 App. Div. 804 (N.Y. App. Div. 1954)

Opinion

March 8, 1954.

Appeal from County Court of Dutchess County.


Judgment reversed on the law and new trial ordered. Appeal from the order dismissed, as academic. Two certain written transcriptions of statements made by appellant, which were admitted into evidence, were characterized by the trial court in its charge to the jury as confessions, despite the fact that the texts are not inconsistent with appellant's innocence of the crime charged. This was prejudicial error and requires a new trial. Nolan, P.J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.


Summaries of

People v. Rhodes

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1954
283 App. Div. 804 (N.Y. App. Div. 1954)
Case details for

People v. Rhodes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAROLD C. RHODES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 8, 1954

Citations

283 App. Div. 804 (N.Y. App. Div. 1954)

Citing Cases

People v. Lee

At times the court used the word "confessions". The statements and evidence were not confessions that…

People v. Kingston

Entirely beside the point here are the cases cited as holding that such an error is to be disregarded. In two…