People v. Flaherty
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Flaherty, fr.om a judgment of the Court of Sessions of the county of Livingston in favor of the plaintiff, entered in the office of the clerk of the county of Livingston on the 9th day of October, 1895, upon the verdict of a jury convicting the defendant of an “ act of sexual intercourse with a female under the age of sixteen years, not his wife,” pursuant to which he was sentenced to imprisonment in .the State prison at Auburn for seven…
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Appeal by the defendant, Charles Flaherty, fr.om a judgment of the Court of Sessions of the county of Livingston in favor of the plaintiff, entered in the office of the clerk of the county of Livingston on the 9th day of October, 1895, upon the verdict of a jury convicting the defendant of an “ act of sexual intercourse with a female under the age of sixteen years, not his wife,” pursuant to which he was sentenced to imprisonment in .the State prison at Auburn for seven years.
1Opinion of the Court
Follett, J.:
At- the time of the transactions out of which this action arose, the Penal Code provided :
Ҥ 278. Rape is an act of sexual intercourse with a female hot "the wife of the perpetrator, committed against her will or" without her consent. A person perpetrating such an act or an act of sexual intercourse Avith a female not his wife,
*537“ (1) When the female is under the age of sixteen years; * * *
“ (6) When she is' at the time unconscious of the nature of the act, and this is known to the defendant, “ is punishable by imprisonment for not less than five nor more than twenty years.”
February…
2Cases cited12 opinions
- People v. . McQuadeNew York Court of Appeals · 1888
- People v. . O'SullivanNew York Court of Appeals · 1887
- Caujolle v. . FerrieNew York Court of Appeals · 1861
- Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873
- State v. MarkinsIndiana Supreme Court · 1884
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3Cited by8 opinions
- State v. MooreNevada Supreme Court · 1925
- State v. SysingerSouth Dakota Supreme Court · 1910
- People v. . TaleisnikNew York Court of Appeals · 1919
- People v. RobertsonAppellate Division of the Supreme Court of the State of New York · 1903
- People v. AnthonyNew York Court of Appeals · 1944
3 more not listed; retrieve them via the Exa API.