People v. Abbot
New York Supreme Court
The defendant was tried at the Wayne general sessions on an indictment charging him with the crime of rape, and also with an assault with the intent to commit a rape. The district attorney proceeded to the trial without entering a nolle prosequi on the counts charging the principal offence. The jury found the defendant guilty of an assault and battery only.
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The defendant was tried at the Wayne general sessions on an indictment charging him with the crime of rape, and also with an assault with the intent to commit a rape. The district attorney proceeded to the trial without entering a nolle prosequi on the counts charging the principal offence. The jury found the defendant guilty of an assault and battery only. The defendant having excepted to various decisions' made in the progress of the trial, the first judge of the county courts granted a certificate that it was expedient to take the judgment of this court in the case, and a bill of…
1Opinion of the Court
*194By the Court,
Cowen, J.
The question proposed to be ac¡,jresse¿ {0 the magistrate was improper, as any thing which the prosecutrix had sworn before him was but hearsa-v‘ °ffer was not made with the purpose of showing that any thing which she said there was contradictory to what she had sworn on the trial.
The question proposed to be addressed to Mercy Foster was irrelevant. She had occasionally lived at the defendant’s while the prosecutrix was serving there. Her failing to see the defendant take improper liberties with the prosecutrix, would not go a hair to negative the fact of the stolen…
2Cases cited3 opinions
- People v. MatherNew York Supreme Court · 1830
- Root v. StuyvesantNew York Supreme Court · 1837
- Bakeman v. RoseNew York Supreme Court · 1835
3Cited by83 opinions
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- Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
- People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
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