Legal Opinion

People v. Freeman

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1898PublishedCited by 5 opinions

Appeal by the defendant, Walter K. Freeman, from a judgment rendered against him in the Criminal Term of the Supreme Court on the 3d day of February,. 1897, convicting him of the crime of rape in the second degree and denying his motions in arrest of judgment and for a new trial.

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Appeal by the defendant, Walter K. Freeman, from a judgment rendered against him in the Criminal Term of the Supreme Court on the 3d day of February,. 1897, convicting him of the crime of rape in the second degree and denying his motions in arrest of judgment and for a new trial. The defendant was charged, under the third count of the indict-1 ment, upon which' he was so convicted, with the perpetration of an act of sexual intercourse with one Sarah E. Work (a female not his wife, under the age of sixteen years), on the 13th day of January, 1894, at the city and county of New York. The…

1Opinion of the Court

Barrett, J.:

1. The first question presented is whether evidence that the defendant and Sarah E. Work lived together in a flat at No. 230 West Thirty-sixth street, in this city, from about the 9th day of May to the 11th day of June, 1894, was properly admitted in support of the charge of criminal intercourse upon the thirteenth day of the preceding January. It is thus necessary to consider how far, in an indictment for such a specific offense, subsequent acts of a similar character between the same parties are admissible in'support of the principal charge. The question does not seem to have…

2Cases cited3 opinions

  1. Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
  2. State v. BridgmanSupreme Court of Vermont · 1876
  3. People v. GrauerAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by5 opinions

  1. Kidwell v. United StatesCourt of Appeals for the D.C. Circuit · 1912
  2. People v. . ThompsonNew York Court of Appeals · 1914
  3. People v. FormatoAppellate Division of the Supreme Court of the State of New York · 1955
  4. People v. MasianoAppellate Division of the Supreme Court of the State of New York · 1938
  5. People v. KlineAppellate Division of the Supreme Court of the State of New York · 1912

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