People v. . Davey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 31, 1904, which affirmed a judgment of the Niagara County Court, entered upon a verdict convicting the defendant of the crime of assault in the second degree, and an order of said court denying a motion for a new trial. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 31, 1904, which affirmed a judgment of the Niagara County Court, entered upon a verdict convicting the defendant of the crime of assault in the second degree, and an order of said court denying a motion for a new trial. The facts, so far as material, are stated in the opinion. The conduct . of the assistant district attorney in bringing forcibly before the jury facts and circumstances tending to prove that on a prior occasion the defendant committed another, but similar…
1Opinion of the CourtWerner, J.
The assault charged in the indictment and established by proof upon the trial, is one of those unnatural and revolting crimes which instinctively arouse sentiments of disgust and wrath in the breasts of normal men. The alleged victim was a girl twelve years old, and the alleged assailant was a married man forty-five years of age, the proprietor of an .automobile garage, situated on one of the principal business streets of the city of Niagara Falls. We shall deal with the nasty details of the alleged offense only so far as may be necessary in the discussion of the exceptions presented for…
2Cases cited3 opinions
- Cosselmon v. . DunfeeNew York Court of Appeals · 1902
- People v. . JacksonNew York Court of Appeals · 1888
- People v. . KrankNew York Court of Appeals · 1888
3Cited by8 opinions
- People v. . BeckerNew York Court of Appeals · 1914
- People v. TassielloNew York Court of Appeals · 1950
- People v. . WolfNew York Court of Appeals · 1906
- People v. De MartinoAppellate Division of the Supreme Court of the State of New York · 1937
- State v. JensenSupreme Court of Minnesota · 1922
3 more not listed; retrieve them via the Exa API.