Legal Opinion

People v. Kline

Appellate Division of the Supreme Court of the State of New York

Decided September 10, 1912PublishedCited by 4 opinions

Appeal by the defendant, Frank Kline, from a judgment of the Supreme Court, rendered against the defendant on the 24th day of February, 1912, after a trial at the Dutchess County Trial ‘ Term convicting him of the crime of rape in the second degree.

1Opinion of the Court

Woodward, J.:

The judgment of conviction in this case must be reversed. It is not to he distinguished in any essential particular from the *439case of People v. Seaman (152 App. Div. 495), decided herewith, where the complaining witness was a sister of the complaining witness in the present case, except that it does not appear in the present case that the complainant, after having.been taken from the wagon and carried over the fence, in almost identically the same manner as is testified to in the Seaman case, came back and reported the alleged fact to her sister that she had been raped. With this…

2Cases cited2 opinions

  1. People v. SeamanAppellate Division of the Supreme Court of the State of New York · 1912
  2. People v. . TenchNew York Court of Appeals · 1901

3Cited by4 opinions

  1. People v. De NigrisAppellate Division of the Supreme Court of the State of New York · 1913
  2. People v. MasseNew York Court of Appeals · 1959
  3. People v. SmithNew Rochelle City Court · 1965
  4. Sutton v. Otis Elevator Co.Utah Supreme Court · 1926

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