People v. Dunbar

J. I. Shapiro, M.

A woman thirty-three years of age (hereinafter called the complainant or prosecutrix), who has been a mental defective since birth, and who could not be sworn or give an unsworn coherent story, became pregnant as a result of which a legal abortion had to be performed upon her.

The defendant admitted that he had had sexual intercourse with the complainant at a time or times that would coincide with the complainant’s pregnant condition and the foetus of which she was delivered.

*632As a consequence, the defendant is charged with rape in the first degree, upon a complaint which…