People v. Lammes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Benjamin Lammes, from a judgment of the County Court of Monroe county, rendered on the 1st day of June, 1923, convicting him of the crime of rape in the second degree.
1Dissent
Davis, J. (dissenting):
The crime is alleged to have occurred on May 1, 1923. The main facts are well established. Gertrude Scharn, the complaining witness, testified that she became eighteen years of age on May 17, 1923. This evidence must be corroborated because it constitutes one of the material facts essential for a legal conviction. (Penal Law, § 2013; People v. Todoro, 224 N. Y. 129; People v. Harrison, 63 Misc. Rep. 18.)
There was no direct testimony corroborating Gertrude as to her age. She was born in Holland. Her father and mother came with her to this country in 1916 and resided in…
Also in this document: Concurrence.
2Cases cited25 opinions
- People v. . KoernerNew York Court of Appeals · 1897
- Union Central Life Ins. v. PollardSupreme Court of Virginia · 1896
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Jones v. JonesCourt of Appeals of Maryland · 1876
- B.L., T. S.D. Co. v. . K.T. M.M.A. Assn.New York Court of Appeals · 1891
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