People v. Quin
New York Supreme Court
ERROR to the court of sessions of Monroe county. The indictment charged that the defendants, on or about August 22,1866, at the town of Brighton, committed a rape upon one Mary A. Williams ; also, that they assaulted with intent to ravish ; and still another count, for a simple assault and battery.
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ERROR to the court of sessions of Monroe county. The indictment charged that the defendants, on or about August 22,1866, at the town of Brighton, committed a rape upon one Mary A. Williams ; also, that they assaulted with intent to ravish ; and still another count, for a simple assault and battery. Upon the trial, the girl Mary A. Williams was not called as a witness, and the defendants claimed there was no evidence upon which they could properly be convicted of either charge in the indictment. The evidence showed that on the day charged in the indictment the defendants Quin, Howell and…
1Opinion of the Court
By the Court,
Johnson, J.
The jury found the defendants all guilty, of an assault, with intent to commit, a rape. The evidence showed quite clearly that the female, on the occasion of the assault, was intoxicated to such a degree as to be entirely insensible. She had been a short time previous drinking quite freely with the defendants, who procured the liquor, once at least, at her request, and drank with her. ;
The judge, among other things, charged the jury that if they should find, from the evidence, that the girl and the defendants were drinking together voluntarily, and after-wards went out…
2Cases cited2 opinions
- People v. AbbotNew York Supreme Court · 1838
- People v. MorrisonCourt Of Oyer And Terminer New York · 1854
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