People v. Marks
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Marshall Marks, from a judgment of the Court of General Sessions of the Peace in and for the county of New York, rendered on the 20th.day of May, 1910,-convicting the defendant of the crime of rape in the second degree, and also from an order denying the defendant’s motions for a new trial and in arrest of judgment.
1Opinion of the Court
Laughlin, J.:
The defendant had sexual intercourse with the complaining witness, who, however, was in full possession of her faculties, and willingly consented without fraud or duress having been practiced upon her. No claim was or could have been made- in these circumstances that the crime of rape in the first degree was committed. The conviction followed the indictment, which was for rape in the second degree, and by the provisions of section 2010 of the Penal Law this crime is established by mere proof of the fact that the defendant had sexual intercourse with a female, not his wife, who…
2Cited by11 opinions
- United States v. CrimminsCourt of Appeals for the Second Circuit · 1941
- United States v. MacKCourt of Appeals for the Second Circuit · 1940
- People v. BrehmAppellate Division of the Supreme Court of the State of New York · 1926
- People v. TodoroNew York Supreme Court · 1916
- People v. Weidiger, New York County Courts1978
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