Conkey v. People
New York Court of Appeals
Charles M. Conkey and Walter Harrington were indicted in the Otsego oyer and terminer, for rape, &c. The indictment recited that it was found hy the oaths of twenty-four good and lawful men, &c. There were three counts — one against both defendants, for rape; a second against Conkey for rape, and against Harrington for abetting him therein; and a third, against both, for assault with intent to commit rape.
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Charles M. Conkey and Walter Harrington were indicted in the Otsego oyer and terminer, for rape, &c. The indictment recited that it was found hy the oaths of twenty-four good and lawful men, &c. There were three counts — one against both defendants, for rape; a second against Conkey for rape, and against Harrington for abetting him therein; and a third, against both, for assault with intent to commit rape. On the trial, the prosecutrix, Mrs. Anna Scott, testified to the commission upon her of the rape, at her home in Pittsfield, on a Sunday morning. The district-attorney offered to prove by…
1Opinion of the CourtClerke, J.
The evidence of the conduct of the prisoner, Conkey, immediately after the perpetration of the offense, was properly admitted. It characterized the whole transaction, showing, or tending to show, that the carnal knowledge which he had of the woman was effected under circumstances of violence and threats, calculated to alarm and terrify her. The whole was one continuous act.
Nothing is better established than that the prosecutrix, in trials of this nature, may testify as to what she did or said after the commission of the offence. In the language of Sir William Evans, 3 PothierBv. 389: "Upon…
2Cases cited2 opinions
- People v. GriffinNew York Supreme Court · 1848
- People v. KingNew York Supreme Court · 1804
3Cited by9 opinions
- People v. FlorioNew York Court of Appeals · 1950
- People ex rel. Maurer v. JacksonNew York Court of Appeals · 1957
- Kennedy v. . the PeopleNew York Court of Appeals · 1868
- People v. Savarese, New York County Courts1952
- People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1916
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