Baccio v. . the People
New York Court of Appeals
Error to the justices of the Supreme Court in the first judicial district, to review the affirmance at General Term, of a conviction of the plaintiff in error in the New York General Sessions. The plaintiff in error was tried at the April term of the Court of General Sessions, in the city of New York, for the crime of rape, alleged to have been committed on the 2d day of March, 1869, upon the person of a girl, averred to have been at that time under the age of ten years.
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Error to the justices of the Supreme Court in the first judicial district, to review the affirmance at General Term, of a conviction of the plaintiff in error in the New York General Sessions. The plaintiff in error was tried at the April term of the Court of General Sessions, in the city of New York, for the crime of rape, alleged to have been committed on the 2d day of March, 1869, upon the person of a girl, averred to have been at that time under the age of ten years. On the trial, the girl was examined as a witness, and testified that the ‘ prisoner committed the offence under the counter…
1Opinion of the CourtWoodruff, J.
It is not necessary to consider the exceptions taken by the prisoner’s counsel, to the refusal of the court to instruct the jury that the uncorroborated testimony of the female, upon whose person a rape has been committed, is insufficient to convict the prisoner as the guilty party, further than to say, that if the testimony of the mother was properly received in evidence, then the testimony of the injured female was corroborated, and there was therefore no ground for the request.
In respect to the fact of an injury by some means, the testimony of the mother and the physician was some…
2Cases cited1 opinion
- People v. McGeeCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by77 opinions
- People v. McDanielNew York Court of Appeals · 1993
- People v. RiceNew York Court of Appeals · 1990
- People v. . O'SullivanNew York Court of Appeals · 1887
- State v. HillSupreme Court of New Jersey · 1990
- Commonwealth v. LavalleyMassachusetts Supreme Judicial Court · 1991
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