People v. Swasey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John M. Swasey, from a judgment of the Court of General Sessions of the Peace in and for the city and county of Mew York in favor of the plaintiff, entered on the 9th day of July, 1902, convicting the defendant of the crime of abduction, and also from an order entered on the 9th day of July, 1902, denying the defendant’s motion for a new trial.
1Opinion of the Court
McLaughlin, J.:
The indictment charged the defendant with having committed three crimes : (1) Eape in the second degree ; (2) assault with intent to rape; and (3) .abduction, under subdivision 1 of section 282 of the Penal Code.
At the trial, at the conclusion of the People’s case, upon motion of defendant’s counsel, the district attorney was required to elect upon which count in the indictment he would ask for a conviction. He did so and stated that he would go to the jury upon the third count, abduction. The trial proceeded and the defendant was found guilty of that crime, for which he was…
2Cases cited2 opinions
- People v. . O'SullivanNew York Court of Appeals · 1887
- People v. . WoodNew York Court of Appeals · 1891
3Cited by2 opinions
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1906
- People v. DeckenbrockAppellate Division of the Supreme Court of the State of New York · 1913