People v. Clemons
New York Supreme Court
Appeal by William Clemons from a judgment of the Court of Sessions, Allegany County, convicting him of rape. The offense was alleged to have been committed September i, 1882, by defendant, who was eighteen years of age, upon an adopted daughter of his parents of the age of thirteen years, at the house during their absence. At the time of the alleged commission of the offense, defendant and the prosecutrix were alone in the house. Further facts appear in the opinion.
1Opinion of the CourtBbadlet, J.
It is contended on the párt of the defendant, that in any view which may reasonably be taken of the testimony of the prosecutrix, it was insufficient to warrant or support the verdict, for the reason that what the defendant did was without her resistance or subjection by threats. To support the charge of the crime in question, assuming that the prosecutrix was conscious and had possession of her mental and physical powers, it was necessary that she should resist to the extent of her ability, and be overcome by the physical force of the defendant, unless she was by threats terrified into a…
2Cases cited13 opinions
- Baccio v. . the PeopleNew York Court of Appeals · 1869
- People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
- State v. KinneySupreme Court of Connecticut · 1876
- Don Moran v. PeopleMichigan Supreme Court · 1872
- Oleson v. StateNebraska Supreme Court · 1881
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