People v. . Downs

Hogan, J.:

The defendant, appellant, Downs, was tried and convicted of the crime of rape, second degree. The conviction was affirmed by the Appellate Division by a non-unanimous decision, and defendant appeals to this court. We do not deem it necessary to recite the details of the alleged crime, save only as the same are essential to a disposition of the fundamental question presented by this appeal, and which formed the basis of the dissent by two justices of the Appellate Division.

The complainant was sixteen years of age and lived with her mother and stepfather. Defendant is a married man…