Legal Opinion

People v. Mosier

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 6 opinions

Appeal by the defendant, Charles O. Hosier, from a judgment of the County Court of Monroe county in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 25th day of November, 1901, upon the verdict of a jury convicting the defendant of the crime of attempting to commit rape, also from an order entered in said clerk’s office on the 22d day of November, 1901, denying the defendant’s motion for a new trial made upon the minutes, also from an…

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Appeal by the defendant, Charles O. Hosier, from a judgment of the County Court of Monroe county in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 25th day of November, 1901, upon the verdict of a jury convicting the defendant of the crime of attempting to commit rape, also from an order entered in said clerk’s office on the 22d day of November, 1901, denying the defendant’s motion for a new trial made upon the minutes, also from an order entered on the 25th day of November, 1901, denying his motion in arrest of judgment, also from an order made by…

1Opinion of the Court

McLennan, J.:

The defendant was convicted of having attempted to commit the crime of rape upon one Ruby Slaight at the town of Greece, in the county of Monroe, on the 14th day of July, 1901, and sentenced to the State’s prison at Auburn for the term of ten years. No question is raised by defendant’s counsel as to the sufficiency of the evi*7dence to support a conviction or in any manner as to defendant’s guilt upon the merits. All the questions presented by-the appeal relate to the sufficiency of the indictment and the proceedings had prior to the trial.

The defendant was indicted by the grand…

2Cases cited1 opinion

  1. People v. . WillisNew York Court of Appeals · 1899

3Cited by6 opinions

  1. State v. ReynoldsOregon Supreme Court · 1961
  2. People v. Knapp, New York County Courts1934
  3. People v. Ostrosky, New York County Courts1916
  4. People v. Scutt, New York County Courts1936
  5. In re the Probate of a Paper Writing Purporting to be & Propounded as the Last Will & Testament of HopkinsAppellate Division of the Supreme Court of the State of New York · 1905

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