People v. Cole
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Russell S. Cole, from a judgment of the County Court of Chemung county in favor of the plaintiff, rendered on the 30th day of September, 1908, convicting the defendant of the crime of rape in the second degree, and also from an order made on the 5th day of October, 1908, denying the defendant’s motion for a new trial.
1Opinion of the Court
Chester, J.:
The defendant has been convicted of the crime of rape in the second degree by the testimony of the complaining witness, who was an infant of the age of seventeen years, and under the age of consent; the testimony of a physician that she was pregnant, and of several other witnesses that the defendant had opportunities for the commission of the crime at the date alleged in. the indictment, February 1, 1908.
The only question for our determination is as to whether there was any corroboration of the testimony of the complaining witness. She lived with her father and-grandmother and had…
2Cases cited2 opinions
- People v. . PageNew York Court of Appeals · 1900
- People v. RobertsonAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- People v. . TaleisnikNew York Court of Appeals · 1919
- People v. BrehmAppellate Division of the Supreme Court of the State of New York · 1926
- People v. AnthonyNew York Court of Appeals · 1944
- People v. ShawAppellate Division of the Supreme Court of the State of New York · 1913
- People v. DunbarNew York City Magistrates' Court · 1954
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