People v. Elston
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles C. Elston, from a judgment of the County Court of Orange county, rendered against him on the 25th day of January, 1918, convicting him of the crime of rape in the second degree.
1Opinion of the Court
Jenks, P. J.:
When the case was closed and the jury went to their room, they had the testimony of the prosecutor, Rosalie Jansen, that on Saturday, January 27, 1917, she had sexual intercourse with the defendant. However satisfactory her testimony, the defendant could not be convicted if it was unsupported by other evidence. (Penal Law, § 2013.) The supporting evidence must have tended to prove each of the constituent facts of the crime, yet it needed not to be positive and direct, but was sufficient if it afforded proof of “ circumstances legitimately tending to show the existence of the…
2Cases cited9 opinions
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- Greenfield v. . People of the State of N.Y.New York Court of Appeals · 1881
- People v. . SmithNew York Court of Appeals · 1902
- People v. . ConrowNew York Court of Appeals · 1911
- People v. . CasconeNew York Court of Appeals · 1906
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3Cited by14 opinions
- Roll v. TimbermanNew Jersey Superior Court Appellate Division · 1967
- Mahne v. MahneSupreme Court of New Jersey · 1974
- People v. Block, New York County Courts1972
- People v. BercumeAppellate Division of the Supreme Court of the State of New York · 1972
- People v. MasianoAppellate Division of the Supreme Court of the State of New York · 1938
9 more not listed; retrieve them via the Exa API.