People v. Jones

Plaintiff was convicted of common-law rape upon a woman, 21 years of age, and sentenced to a term of 20 to 40 years in prison.

The people’s claim is that about 1:30 o’clock in the morning of September 28, 1934, four men in an automobile accosted the complaining witness, dragged her into the car, took her by force to a room in an apartment hotel, defendant was in the room and, while two of them, Louis Shermataro and Nate Simmons, held her, defendant criminally assaulted her, as did the others afterward.

Defendant’s claim is that the complaining witness came voluntarily to his room between 1:30…