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People v. Looker

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1938
255 App. Div. 935 (N.Y. App. Div. 1938)

Opinion

November 16, 1938.

Present — Sears, P.J., Crosby, Cunningham, Taylor and Dowling, JJ.


Order affirmed, without costs of this appeal to either party. Memorandum: The evidence presents a fair question of fact. The principal defense is an alibi. In such case, everything depends on the credibility of the witnesses, and, in this case, also on the accuracy of memory of events occurring many months previously, and, at the time, rather immaterial to the witnesses. Considering the proof of inclination and opportunity, which is not disputed, as well as on the other testimony in the record, we conclude that the order was not contrary to the weight of the evidence. All concur. (The order directs defendant to contribute to the support of an infant, in a filiation proceeding.)


Summaries of

People v. Looker

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1938
255 App. Div. 935 (N.Y. App. Div. 1938)
Case details for

People v. Looker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE BARTLETT LOOKER…

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

Date published: Nov 16, 1938

Citations

255 App. Div. 935 (N.Y. App. Div. 1938)