Legal Opinion

People v. . Elliott

New York Court of Appeals

Decided October 7, 1902PublishedCited by 31 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department, entered November 26, 1901, affirming a judgment of the Chenango County Court, entered upon a verdict convicting the defendant of the crime of rape in the second 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 Court

Bartlett, J.:

This defendant has been twice tried. The judgment of conviction at the first trial was reversed by this court (163 N. Y. 11). At the second trial a judgment of conviction was entered upon the verdict of a jury, which, on appeal, was affirmed by the Appellate Division, and we are now called upon to pass on that determination.

The learned counsel for the defendant presents three grounds for the reversal of this judgment: Error in challenging the jury; failure of the trial judge to follow the decision of this court on the first appeal in charging the jury; the admission of the…

2Cases cited10 opinions

  1. Crary v. SpragueNew York Supreme Court · 1834
  2. Powell v. WatersNew York Supreme Court · 1819
  3. State v. AbleSupreme Court of Missouri · 1877
  4. Beals v. GuernseyNew York Supreme Court · 1811
  5. People v. . ElliottNew York Court of Appeals · 1900

5 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. People v. CortesNew York Supreme Court · 2004
  2. Robertson v. StateCourt of Criminal Appeals of Texas · 1911
  3. State v. BrownSupreme Court of Iowa · 1911
  4. Hendrix v. StateCourt of Appeals of Maryland · 1952
  5. Speer v. SpeerSupreme Court of Iowa · 1909

26 more not listed; retrieve them via the Exa API.

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