People v. Robertson
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Fulton County. Ward Robertson was convicted of rape,'and he appeals. Reversed. Argued before PARKER, P. J„ and SMITH, CHASE, CHESTER, and HOUGHTON, JJ.
1Opinion of the CourtChase, J.
The defendant was charged by indictment with the commission of the crime of rape in the second degree. The material part of the indictment is as follows:
“That the said Ward Robertson, * * * on or about the 13th day of February, 1902, perpetrated an act of sexual intercourse with a female, * * * being under the age of eighteen years, * * * and not being the wife of said Ward Robertson.”
The crime was sufficiently stated in the indictment. People v. Flaherty, 79 Hun, 48, 29 N. Y. Supp. 641, affirmed in 145 N. Y. 597, 40 N. E. 164. See 27 App. Div. 535, 50 N. Y. Supp. 574, affirmed in 162 N. Y.…
2Cases cited4 opinions
- People v. . FlahertyNew York Court of Appeals · 1900
- People v. FlahertyNew York Supreme Court · 1894
- People v. FlahertyAppellate Division of the Supreme Court of the State of New York · 1898
- People v. FlahertyAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Kidwell v. United StatesCourt of Appeals for the D.C. Circuit · 1912
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1914