People v. . Gibson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 2, 1920, which affirmed a judgment of the Court of General Sessions of the Peace rendered upon a verdict convicting the defendant of the crime of assault in the third degree.
1Opinion of the Court
Pouhd, J.:
Defendant, a man upwards of eighty years of age, was convicted of assault in the third degree. (Penal Law, § 244.) The question is whether acts consisting of indecent familiarities, not amounting to sexual intercourse or an attempt to have sexual intercourse, upon the person of a girl in her fifteenth year with her consent constitute the crime of assault in the third degree. The appeal is on the ground that the trial court, over proper exceptions, erroneously permitted the jury to find that the offense was committed although the consent of the girl was given. The girl testified to…
2Cases cited8 opinions
- Commonwealth v. RoosnellMassachusetts Supreme Judicial Court · 1886
- People v. Dong Pok YipCalifornia Supreme Court · 1912
- People v. . NelsonNew York Court of Appeals · 1897
- Ross v. StateWyoming Supreme Court · 1908
- Commonwealth v. CollbergMassachusetts Supreme Judicial Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1983
- People v. FlorioNew York Court of Appeals · 1950
- State v. WaidUtah Supreme Court · 1937
- State v. SmithUtah Supreme Court · 1965
- Lanier v. StateDistrict Court of Appeal of Florida · 1983
16 more not listed; retrieve them via the Exa API.