People v. Hordschki , 199 A.D. 938 ( 1921 )

Judgment of conviction by the Court of Special Sessions reversed, and a new trial ordered, upon the ground that the doctor who, as the mother testified, examined the child the next morning, should have been called as a witness by the People or his absence accounted for; so that we conclude there should be a new trial in the interests of justice Blackmar, P. J., Mills, Rich, Putnam and Jaycox, JJ., concur.