People v. . Elliott
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 20, 1899, affirming a judgment of the Chenango County Court entered upon a verdict convicting the defendant of the\ crime of rape in the second degree. The facts, so far as material, are stated in the opinion. It was error for the court to refuse to charge the several requests of the defendant in regard to the evidence of good character.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 20, 1899, affirming a judgment of the Chenango County Court entered upon a verdict convicting the defendant of the\ crime of rape in the second degree. The facts, so far as material, are stated in the opinion. It was error for the court to refuse to charge the several requests of the defendant in regard to the evidence of good character. (Remsen v. People, 43. N. Y. 6; People v. Friedland, 2 App. Div. 332; People v. Wileman, 44 Hun, 187.) The defendant was not prejudiced by…
1Opinion of the Court
Babtlett, ¿T.
The defendant stands convicted of the crime of rape in the second degree, committed upon the person of his daughter, thirteen years old.
The Appellate Division unanimously affirmed the judgment of the trial court, and we are consequently confined to the consideration of alleged legal errors duly raised by exceptions relating to the reception or rejection of evidence and the charge of the trial judge.
It is the duty of a court, of last resort to see to it that a person charged with crime is accorded an impartial trial and the enjoyment of every legal right. In a case like the one…
2Cases cited2 opinions
- Remsen v. . the PeopleNew York Court of Appeals · 1870
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
3Cited by26 opinions
- Michelson v. United StatesSupreme Court of the United States · 1949
- Egan v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- United States v. Leo Raymond McGuire and David E. LeeCourt of Appeals for the Sixth Circuit · 1984
- People v. . ConrowNew York Court of Appeals · 1911
- Mitchell v. CommonwealthSupreme Court of Virginia · 1925
21 more not listed; retrieve them via the Exa API.