Legal Opinion

People v. . Carey

New York Court of Appeals

Decided February 26, 1918PublishedCited by 15 opinions

Appeal from, a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 7, 1917, which affirmed a judgment of the Jefferson County Court rendered upon a verdict convicting the defendant of the crime of rape in the first degree.

1Per curiam

The defendant, a youth of nineteen years, has been convicted of the crime of rape. The complainant, an unmarried woman, says that the defendant, while visiting her in her apartment, assaulted and ravished her. The defendant admits the intercourse, but denies the rape. The jury were to say whether the complainant had resisted. They had the defendant’s testimony that she had yielded to him once before. They had the complainant’s assertion that in the past he had taken liberties with her person, and even tried to ravish her. None the less, she was again receiving him as a visitor in her rooms.…

2Cases cited4 opinions

  1. People v. . PageNew York Court of Appeals · 1900
  2. People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
  3. People v. SeamanAppellate Division of the Supreme Court of the State of New York · 1912
  4. People v. ShawAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by15 opinions

  1. State ex rel. M.T.S.Supreme Court of New Jersey · 1992
  2. State v. TerryNew Jersey Superior Court Appellate Division · 1965
  3. People v. HughesAppellate Division of the Supreme Court of the State of New York · 1973
  4. People v. YannucciAppellate Division of the Supreme Court of the State of New York · 1939
  5. People v. YanikAppellate Division of the Supreme Court of the State of New York · 1977

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