Commissioner v. O'Keefe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William O’Keefe, from an order of the Court of Special Sessions of the City of New York, borough of Brooklyn, Second Division, entered in the office of the clerk of said court on the 6th day of July, 1916, and also from an order of said court entered therein on the 17th day of August, 1916, denying defendant’s motion for a new trial on the ground of newly-discovered evidence.
1Opinion of the Court
Jenks, P. J.:
This appeal is from an order of filiation and from an order denying a new trial. A member of the court dissented from both orders.
The complaining witness testified that she never had sexual relations save with the defendant, and but once with him. Her detail of the surrounding circumstances of the act stamp it as a rape by force. These circumstances are extraordinary when considered with time and place. There is an absence of proof of subsequent conduct of the woman that is shown often in trials for such crime, to indicate force. The defendant did not deny intercourse, which he…
2Cases cited2 opinions
- Drummond v. DolanAppellate Division of the Supreme Court of the State of New York · 1913
- Burns v. DonoghueMassachusetts Supreme Judicial Court · 1904
3Cited by5 opinions
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