People v. . Kearney
New York Court of Appeals
Appeal by the defendant, Charles E. Kearney, from a judgment of the General Term of the Supreme Court, in the Fourth Department, entered January 26, 1888, affirming a judgment of the Court of Sessions of Onondaga County, Hon. A. J. Uorthrup, presiding, entered upon a conviction, July 13, 1887, of defendant of seduction under promise of marriage.
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Appeal by the defendant, Charles E. Kearney, from a judgment of the General Term of the Supreme Court, in the Fourth Department, entered January 26, 1888, affirming a judgment of the Court of Sessions of Onondaga County, Hon. A. J. Uorthrup, presiding, entered upon a conviction, July 13, 1887, of defendant of seduction under promise of marriage. The judgment of the General Term of the Supreme Court was reversed by the Court of Appeals, but upon a single point only, leaving untouched all the other positions-taken by the Supreme Court in the opinion given below. The facts fully appear in the…
1Opinion of the Court
The following is the opinion of the General Term of the Supreme Court.
Martin, J.
The Penal Code provides, that a person who, under promise of marriage, seduces and has sexual intercourse with an unmarried female of previous chaste character, is punishable by fine or imprisonment, or both. But it also provides, that no conviction can be had for the offense upon the testimony of the female seduced unsupported by other evidence. Sections 284, 286.
It was under this statute that the defendant was indicted, tried, convicted, and sentenced. On the trial the offense charged was proved by the…
2Cases cited21 opinions
- State ex rel. Jameson v. DennyIndiana Supreme Court · 1889
- Kenyon v. . the PeopleNew York Court of Appeals · 1863
- The People v. . PlathNew York Court of Appeals · 1885
- Armstrong v. . PeopleNew York Court of Appeals · 1877
- Carney v. StateSupreme Court of Alabama · 1885
16 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- People v. . O'FarrellNew York Court of Appeals · 1903
- People v. TerwilligerNew York Supreme Court · 1893
- Jordan v. CommonwealthCourt of Appeals of Kentucky · 1918
- Sandefur v. CommonwealthCourt of Appeals of Kentucky · 1911
- Breiner v. NugentSupreme Court of Iowa · 1907
14 more not listed; retrieve them via the Exa API.