People v. Palvino

The defendant has been found guilty as charged in the indictment of the crimes of rape in the first degree and abduction. Upon conviction, it appearing that he had once before been convicted of a felony, he was sentenced to be imprisoned in the State Prison at Auburn for the term of five years on each separate conviction.

The crimes as charged in the indictment arose in the same transaction. It now appears that the proof on the charge of abduction was in certain technical respects insufficient to sustain the verdict of conviction for that crime; and the assistant district attorney concedes…