Legal Opinion

People v. Kearney

New York Supreme Court

Decided January 15, 1888Published

Appeal from a judgment of the Court of Sessions of Onondaga county, convicting the defendant of the offense of seduction under promise of marriage, and from orders denying motions for a new trial, in arrest of judgment, and to vacate and set aside the verdict of the jury.

1Opinion of the Court

Martin, J.:

The Penal Code provides that a person who, under promise of marriage, seduces and has sexual intercourse with an unmarried female of previous chaste character, is punishable by fine or imprisonment, or both. But it also provides that no conviction can be had for the offense upon the testimony of the female seduced unsupported by other evidence, (Secs, 28I, 286.) It was under this *131statute .that the defendant was indicted, tried, convicted and sentenced. On the trial the offense charged was proved by the complainant, who was the principal witness. She in effect testified: That the…

2Cases cited6 opinions

  1. Kenyon v. . the PeopleNew York Court of Appeals · 1863
  2. Armstrong v. . PeopleNew York Court of Appeals · 1877
  3. Boyce v. . People of the State of New YorkNew York Court of Appeals · 1873
  4. Newton v. . HarrisNew York Court of Appeals · 1852
  5. Starks v. PeopleNew York Supreme Court · 1847

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