People v. Hosmer
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, St. Lawrence county. Andy Hosmer was convicted of rape in the first degree, and he appeals.
1Opinion of the CourtSmith, J.
The judgment of conviction is first challenged as unsupported by evidence. The crime charged in the indictment is the commission of rape upon the defendant’s daughter, who was 13 years of age. Her testimony is explicit as to the commission of the offense. She is corroborated by the testimony of her sister Ruby, who was at the time 10 years of age, and in bed not 8 feet from where the crime was charged to have been committed. Ruby testified to exclamations from her sister such as would be natural in her efforts to resist an attempt by the father to commit an outrage upon her. There is evidence…
2Cited by9 opinions
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