People v. Murray
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harry Murray, from a judgment of the County Court of Orange county, entered in the office of the clerk of said county on the 23d day of November, 1916, convicting him of the crime of rape in the first degree as a second offense and sentencing him to State prison for twenty years, and also from an order entered in said clerk’s office on the 28th day of November,-1916, denying defendant’s motion for a new trial made upon the minutes.
1Per curiam
The evidence would be sufficient to sustain the judgment except for the requirement of section 2013 of the Penal Law. That statute provides that “No conviction can be had for .rape or defilement upon the testimony of the female defiled, unsupported by other evidence,” and the courts have decided that the corroboration must extend to every material fact essential to constitute the crime. (People v. Page, 162 N. Y. 272, 274.) In this respect the statute is different from that governing the case of an accomplice, where the statute is satisfied if the accomplice is “ corroborated by such other…
2Cases cited3 opinions
- People v. . BeckerNew York Court of Appeals · 1915
- People v. . PageNew York Court of Appeals · 1900
- People v. ShawAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by4 opinions
- People v. SmithNew Rochelle City Court · 1965
- People v. CountrymanAppellate Division of the Supreme Court of the State of New York · 1922
- People v. CzyzAppellate Division of the Supreme Court of the State of New York · 1941
- People v. ThompsonNew York Court of Appeals · 1972