People v. Kirwan
New York Supreme Court
Appeal from court of general sessions, New York county. John P. Kir wan was convicted of assault in the second degree, and appeals. .
1Opinion of the CourtO’Brien, J.
The appellant was convicted of the offense of assault in the second degree, and sentenced to be imprisoned in the penitentiary for the term of two years and two months. The indictment charged the defendant with an assault upon one Mrs. Allan, with an intent to commit a felony, to wit, “with intent to commit an act of sexual intercourse with her.”
To establish the crime of rape, a complainant’s evidence must be corroborated. The indictment, as stated by the learned recorder, “is, substantially, what the law calls an attempt to commit rape.” The question is therefore presented whether or not…
2Cases cited1 opinion
- Barclay's Ice Cream Co. v. Local No. 757 of the Ice Cream Drivers & Employees UnionNew York Court of Appeals · 1977
3Cited by3 opinions
- People v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1922
- People v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1922
- People v. LongAppellate Division of the Supreme Court of the State of New York · 1912