People v. . Tench
New York Court of Appeals
Appeal from a judgment of the appellate division of the supreme court in the fourth judicial department, entered April i, 1901, affirming a'judgment rendered at a trial term upon a verdict convicting the defendant of the crime of rape in the first degree and an order denying a motion' for a new trial. The facts, so far as material, are-stated in the opinion.
1Opinion of the CourtMartin, J.
The defendant, a man about forty-four years, of age, was indicted and convicted of the crime of rape in the first degree in having sexual intercourse with a female about fifteen years of age, not his wife, when her resistance was prevented by an intoxicating narcotic, or anaesthetic agent, and when she was known by him to be in a state of stupor or weakness of mind from that cause. A careful scrutiny of the testimony renders it obvious that if the proof was sufficient to establish actual penetration, however slight, the conviction of the defendant was justified, and unless there were errors…
2Cited by6 opinions
- People v. CarrollNew York Court of Appeals · 2000
- People v. McDadeAppellate Division of the Supreme Court of the State of New York · 2009
- People v. SeamanAppellate Division of the Supreme Court of the State of New York · 1912
- People v. KlineAppellate Division of the Supreme Court of the State of New York · 1912
- People v. LongAppellate Division of the Supreme Court of the State of New York · 1912
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