People v. Draper
New York Supreme Court
Appeal from a judgment of conviction of rape of the appellant in the Court of Sessions of Orleans county, of November 14, 1881, Sawyer, J., presiding, and from an order denying a motion for a new trial. A demurrer interposed by appellant on grounds fully stated in the opinion, was overruled and exception taken. A motion for a new trial made by appellant on grounds also set forth in the opinion was denied, and exception taken.
1Opinion of the CourtSmith, P. J.
The indictment charged that the defendant “ in and upon Emma I. Lacey feloniously and violently did make an assault, and she the said Emma I. Lacey, then violently and against her will feloniously did ravish and carnally did know against the form of the statute,” etc.
The defendant demurred to the indictment on the ground that it charges two offenses in the same count, to wit, an assault and the crime of rape; and also upon the ground that the facts alleged do not constitute the crime of rape, inasmuch as it is not alleged that the woman on whom the rape was charged to have been committed, was…
2Cases cited3 opinions
- People v. HartungCourt Of Oyer And Terminer New York · 1859
- White v. HapemanMichigan Supreme Court · 1880
- Baker v. SimmonsNew York Supreme Court · 1857