People v. McGee
Court for the Trial of Impeachments and Correction of Errors
Error to the Monroe oyer and terminer. The defendant was convicted of rape committed upon the person of one Mary Marshall. On the trial it appeared that she was an inmate of the poor house of that county, about thirty years of age, and of imbecile understanding."
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Error to the Monroe oyer and terminer. The defendant was convicted of rape committed upon the person of one Mary Marshall. On the trial it appeared that she was an inmate of the poor house of that county, about thirty years of age, and of imbecile understanding." One of the witnesses considered her an idiot ; but the keeper of the poor house testified, that although she could not talk, she had understanding enough to take care of herself, to communicate her wants, and to render much service about the establishment: that she communicates her ideas to others by signs, and the witness said lie…
1Opinion of the Court
By the Court, Jewett, J.
The trial of this case seems to have proceeded upon the ground that the female upon whom the defendant was charged to have committed the offence, was incompetent to be sworn as a witness, by reason of defect of in*22tellect. After the evidence of Smith, .the principal witness, had been given, tending to show a violent assault by defendant upon the female with intent to commit the offence, evidence was received, under objection and exception to its admissibility, of certain signs and motions made by her to the witness immediately after the offence is supposed to have been…
2Cited by29 opinions
- Peck v. . CaryNew York Court of Appeals · 1863
- Baccio v. . the PeopleNew York Court of Appeals · 1869
- People v. GageMichigan Supreme Court · 1886
- People v. MayesCalifornia Supreme Court · 1885
- Pefferling v. StateTexas Supreme Court · 1874
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