State v. Morgan
State v. Morgan
Opinion of the Court
The defendant was convicted of rape upon his stepdaughter, and brings this writ of error. We conclude that the judgment must be reversed, and find it unnecessary to deal with more than one point urged for reversal. The girl herself was not a witness for the state; in fact, she was called for the defense, and testified, in substance, that the defendant was not guilty. The testimony for the state was largely that of a man named John McCurdy, who was a lodger in the defendant’s house, and who claimed to have seen and heard things that indicated the defendant’s guilt.
The prosecutor, perhaps to explain or excuse the failure of the state to call the girl herself, produced as an expert witness, Doctor Marcus A. Curry, who stated that he had made a report to the prosecutor of the “mental age” of the girl. Before he gave the contents of this report, he was cross-examined, and it appeared that he did not personally ex
Reference
- Full Case Name
- THE STATE OF NEW JERSEY, IN ERROR v. EDWARD MORGAN, IN ERROR
- Status
- Published