People v. Satterlee

Baenaed, P. J.:

The prisoner was indicted at the Suffolk Sessions. The indictment contained two counts, one for rape and one for an assault with intent to eoinmit a rape. The jury convicted him of rape.

The prisoner’s request that the district attorney be required to elect on which count he should proceed, was properly denied. There was but one transaction out of which the indictment grew. Two counts were drawn solely to meet the different aspects in which the evidence might be viewed by the jury.

George Jones, jointly indicted with the prisoner, was a proper witness on the prisoner’s separate…