Comm'r of Pub. Welfare v. Jackson
| Decision Date | 20 November 1934 |
| Citation | 265 N.Y. 440,193 N.E. 262 |
| Parties | COMMISSIONER OF PUBLIC WELFARE v. JACKSON. |
| Court | New York Court of Appeals Court of Appeals |
Proceedings by the Commissioner of Public Welfare against William Jackson. Judgment of the Court of Special Sessions adjudging defendant to be the father of two children born out of wedlock was affirmed in part and reversed in part by the Appellate Division (240 App. Div. 142, 269 N. Y. S. 197), and the Commissioner of Public Welfare appeals.
Decision of the Appellate Division affirmed, and motion for reargument denied.
For former opinion, see 265 N. Y. 469, 193 N. E. 275.
Appeal from Supreme Court, Appellate Division, First Department.
Paul Windels, Corp. Counsel, of New York City (Paxton Blair and Arthur H. Kerns, both of New York City, of counsel), for plaintiff.
Frederic G. Rita, of New York City, for defendant.
The Court of Special Sessions adjudged defendant to be the father of two children born out of wedlock, respectively, August 29, 1930, and February 8, 1933. The Appellate Division affirmed as to the child born in 1933 and reversed as to the child born in 1930 (240 App. Div. 142, 269 N. Y. S. 197). The commissioner of public welfare appealed to this court from that part of the judgment relating to the child born in 1930, and defendant appealed in respect to the child born in 1933. We affirmed as to both (265 N. Y. 469, 193 N. E. 275).
In this court defendant for the first time raised the point that admission of evidence by the complaining witness, a married woman, that she never had sexual intercourse with her husband, which evidence is admissible under the statute (Inferior Criminal Courts Act, § 67, Laws 1930, c. 434, and as renumbered by Laws 1933, c. 746), violated the constitutional guaranty of equal protection of the law because such statute does not apply to the entire state, but only to the city of New York. Our memorandum reads:
The commissioner of public welfare asks for a reargument, but expressly states in his brief that he has no desire to ask this court to consider reaching a different result in respect to the child born in 1930. The motion papers submitted in his behalf on this motion concede that the decision as to this child is justifiable on the facts, but urges that the affirmance by this court may lead to the infrerence of an acceptance by us of the theory of law set forth in the opinion at...
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