People v. Bates

2 Park. Cr. 27
CourtCourt Of Oyer And Terminer New York
DecidedAugust 22, 1823
StatusPublished
Cited by2 cases

This text of 2 Park. Cr. 27 (People v. Bates) is published on Counsel Stack Legal Research, covering Court Of Oyer And Terminer New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Bates, 2 Park. Cr. 27 (N.Y. Ct. App. 1823).

Opinion

Walworth, Circuit Judge.

The testimony of the person injured is not absolutely necessary in a case of this kind; which differs materially from the case of an actual rape. This is only a question of intention. That question the jury must determine from the cireumstahces of the case. And I can hardly imagine how they could he made stronger, if the woman was herself a witness. If she could explain these circumstances so as to make them consistent with the innocence of the prisoner, it was his duty to procure her attendance at the trial.

The jury found the prisoner guilty, and he was sentenced to seven years’ imprisonment, in the state prison.

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Related

People v. Harris
282 A.D. 156 (Appellate Division of the Supreme Court of New York, 1953)
The People v. . Bransby
32 N.Y. 525 (New York Court of Appeals, 1865)

Cite This Page — Counsel Stack

Bluebook (online)
2 Park. Cr. 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bates-nyoytermct-1823.