People v. . Connor
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme pourt in the first judicial department, entered upon an order made April 18, 1890, which affirmed a judgment of the General Sessions of the Peace in and for the city and county of Hew York, entered upon a verdict convicting the defendant of the crime of rape. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme pourt in the first judicial department, entered upon an order made April 18, 1890, which affirmed a judgment of the General Sessions of the Peace in and for the city and county of Hew York, entered upon a verdict convicting the defendant of the crime of rape. The facts, so far as material, are stated in the opinion. The evidence was insufficient to warrant a conviction, because it did not show that the complainant resisted “ to the utmost of her ability at the time and under the circumstances surrounding her.” (People v. Abbott, 19 Wend.…
1Opinion of the Court
Huger, Ch. J.
The defendant was tried at the General Sessions in Hew York and convicted of the crime of rape on the body of a female named Minnie Heath. The course taken on the trial resulted in presenting but one disputed question of fact for the jury, which was, whether the connection, admitted to have taken place between the defendant and Minnie Heath, was effected by force alone, or was partially, or wholly, accomplished with her consent.
The jury, under a charge upon this question which has elicited the enconiums of the defendant’s counsel, found that the connection was effected against…
2Cases cited1 opinion
- People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
3Cited by16 opinions
- People v. . PageNew York Court of Appeals · 1900
- People v. VicarettiAppellate Division of the Supreme Court of the State of New York · 1976
- People v. FlahertyNew York Supreme Court · 1894
- People v. KuchesCalifornia Supreme Court · 1898
- State v. CowingSupreme Court of Minnesota · 1906
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