Appellate Division of the Supreme Court of New York, 1914

Caruso v. Caruso

Caruso v. Caruso
Appellate Division of the Supreme Court of New York · Decided February 15, 1914
161 A.D. 940; 145 N.Y.S. 1116
Caruso v. Caruso

Opinion of the Court

— Interlocutory judgment reversed, and a new trial granted, with costs to the appellant to abide the event, upon the ground that the testimony of the defendant. tends to show intercourse by compulsion, while her letters do not reveal the fault for which she asks forgiveness, and the testimony of the other witnesses is so uncertain and fragmentary that it does not prove the offense. Jenks, P. J., Thomas, Rich, Stapleton and Putnam, JJ., concurred.

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