People v. Kline

Burr, J. (dissenting):

This is an appeal .from a judgment of the Supreme Court, sitting in Dutchess county, convicting the defendant of the crime of rape in the second degree, for having perpetrated an ' act of sexual intercourse with a female not his wife, under the age of eighteen years. (Penal Law, § 2010.) There is no dispute as to the- age of the complainant. At the daté of the alleged offense she was seventeen years and about nine months old. She testifies that during the month of May — the exact *441date is not given — she, in company with her sister Jessie, met the defendant and one Knapp…