Legal Opinion

People v. . Lake

New York Court of Appeals

Decided June 5, 1888PublishedCited by 9 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 1, 1887, which affirmed a judgment of the Court of Sessions of the county of Richmond, convicting the defendant of the crime of incest. The facts, so far as material; are stated in the opinion. It was absolutely indispensable to identify the person on whom the offense is committed . by apt descriptive words. (1 Bish. Cr.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 1, 1887, which affirmed a judgment of the Court of Sessions of the county of Richmond, convicting the defendant of the crime of incest. The facts, so far as material; are stated in the opinion. It was absolutely indispensable to identify the person on whom the offense is committed . by apt descriptive words. (1 Bish. Cr. P. [3d ed.] §§ 97, 108, 109, 488, 677; Wh. Cr. P. & P. [8th ed.] §§ 90, 116; Wh. Cr. Ev. § 95 ; Heard Cr. Pl. §§ 55, 58; Code Crim. Pro. § 281;…

1Opinion of the CourtFinch, J.

The prisoner was convicted of incest. To linger •over the facts or repeat the details of the proof would peril the calmness and cleanness- which belong to a judicial record, and we should, therefore, touch the disgraceful history only at points whóre necessity compels. The evidence'was claimed to be insufficient, but it fairly established the prisoner’s guilt, and fully justified the verdict of the jury. If some of it was open to objection, at least no objection was made, and the inference of the defendant’s guilt was an easy deduction from the proof. .The principal ground of defense asserted…

2Cited by9 opinions

  1. Pueblo v. LópezSupreme Court of Puerto Rico · 1939
  2. Currie v. StateSupreme Court of Georgia · 1923
  3. Pueblo v. GonzálezSupreme Court of Puerto Rico · 1918
  4. State v. ChipmanUtah Supreme Court · 1912
  5. Goodlove v. StateOhio Circuit Courts · 1909

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