People v. Goyette

Appeal from an order of the Tompkins County Court, allowing a demurrer to an indictment and dismissing the indictment and ordering the resubmission of the charge to another grand jury. The indictment purports to charge the defendant with the crime of rape in the second degree in violation of section 2010 of the Penal Law. The indictment fails to allege that the defendant was “ of the age of twenty-one years or over ”. By chapter 525 of the Laws of 1950, section 2010 was amended to make that fact an essential element of the crime of rape in the second degree, and to provide that otherwise the…