Reynolds v. People
New York Supreme Court
The plaintiff in error was indicted for an assault and battery •with intent to commit a rape upon one Celia Wood, at dlayton, Jefferson county, and was tried upon the indictment.in the Jefferson county sessions on the 12th day of September, 1870. The alleged crime was claimed to have been committed in March previous.
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The plaintiff in error was indicted for an assault and battery •with intent to commit a rape upon one Celia Wood, at dlayton, Jefferson county, and was tried upon the indictment.in the Jefferson county sessions on the 12th day of September, 1870. The alleged crime was claimed to have been committed in March previous. The complainant was then over eleven years of age, and the prisoner was nineteen-The complainant was the principal witness for the people, and swore that the prisoner who lived with his parents, near the complainant's father, came to the house where complainant aud her two…
1Opinion of the Court
By the court, Johnson, J.
I am of the opinion, that the county judge, at the close of the people’s evidence on the trial, ought to have ruled and held as requested by the-prisoner’s counsel, that there was not sufficient evidence of force and violence to go to the jury, or to authorize a conviction for the crime of assault with the intent to commit a rape; and also, that he ought to have so instructed the jury. If the evidence was clearly insufficient to warrant or justify a conviction for that offense, the exception to the refusal so to rule or charge is well taken, the same as though it had…
2Cases cited1 opinion
- Waterbury v. SturtevantNew York Supreme Court · 1837
3Cited by12 opinions
- People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
- Stevens v. PeopleIllinois Supreme Court · 1895
- People v. DeForeMichigan Supreme Court · 1887
- Dockery v. StateCourt of Criminal Appeals of Texas · 1896
- Shields v. StateCourt of Criminal Appeals of Texas · 1893
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