Legal Opinion

Higgins v. . People of the State of N.Y.

New York Court of Appeals

Decided September 29, 1874PublishedCited by 27 opinions

Ebeob to the General Term of the Supreme Oourt in the first judicial department to review judgment affirming a judgment of the Court of General Sessions of the Peace, in and for the city and county of Hew York, entered upon a verdict convicting plaintiff in error of the crime of rape.

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Ebeob to the General Term of the Supreme Oourt in the first judicial department to review judgment affirming a judgment of the Court of General Sessions of the Peace, in and for the city and county of Hew York, entered upon a verdict convicting plaintiff in error of the crime of rape. The prosecutrix, Mary O’Brien, testified, in substance, that she came to Hew York from Philadelphia by the cars ; that upon her arrival, early in the morning, she could not find her baggage; that she was accosted by the prisoner who said he was the baggage-master and would get her baggage if she would go with…

1Opinion of the Court

Church, Ch. J.

The principal point is upon the following request to charge: “ If the jury believe the prosecuting witness did not make prompt disclosure of the alleged wrong, it is a circumstance against her, casting a great discredit on her testimony, and tends strongly to disprove the truth of the accusation.” This proposition is doubtless substantially correct, although it is quite general and somewhat vague. Any considerable delay on the part of a prosecutrix to make complaint of the outrage constituting the crime of rape, is a circumstance of more or less weight, depending upon the other…

2Cited by27 opinions

  1. People v. McDanielNew York Court of Appeals · 1993
  2. People v. . O'SullivanNew York Court of Appeals · 1887
  3. People v. AllenAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. GageMichigan Supreme Court · 1886
  5. Turner v. PeopleMichigan Supreme Court · 1876

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