People v. Colburn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Emerson Colburn, from a judgment of the Supreme Court, rendered against him on the 13th day of April, 1910, also from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 2d day of April, 1910, disallowing a demurrer to the indictment, and also from an order of a justice of the Supreme Court, entered in the office of the clerk of the county of Kings on the 6th day of June, 1910, denying the…
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Appeal by the defendant, Emerson Colburn, from a judgment of the Supreme Court, rendered against him on the 13th day of April, 1910, also from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 2d day of April, 1910, disallowing a demurrer to the indictment, and also from an order of a justice of the Supreme Court, entered in the office of the clerk of the county of Kings on the 6th day of June, 1910, denying the defendant’s motion to inspect the minutes of the grand jury. The indictment reads as follows: “ The Grand Jury of the County of…
1Opinion of the Court
Jenks, P. J.:
The defendant appeals from a judgment of conviction for sodomy. It is contended that the evidence did not justify the yerdict, and that there are errors of law grave enough to upset the judgment. The evidence for the People is that the act was done in the rented room of the defendant, and that the alleged catamite died at or about the very time of the commission of the crime. There was none other who could give oral testimony of the surrounding circumstances prior and up to the said death save the witness Hagaman, who was indicted with the defendant. Thus, not only the inherent…
2Cases cited4 opinions
- People v. AbbotNew York Supreme Court · 1838
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1911
- People v. . BrownNew York Court of Appeals · 1878
- People v. . MillerNew York Court of Appeals · 1911
3Cited by5 opinions
- People v. . NicholsNew York Court of Appeals · 1921
- People v. Roderman, New York County Courts1962
- People v. WeinAppellate Division of the Supreme Court of the State of New York · 1921
- People v. KozerAppellate Division of the Supreme Court of the State of New York · 1969
- People v. GucciardoAppellate Division of the Supreme Court of the State of New York · 2015