159 N.Y.S. 410 | N.Y. App. Div. | 1916
This is an appeal from a judgment of conviction of a crime in the County Court in Queens county. The defendant was indicted for the crime of rape in the first degree, and, in the
We have examined the record with care. The testimony adduced by the prosecution established the guilt of the defendant beyond a reasonable doubt, and it may be said that its force was overwhelming as against the defendant. The testimony of the prosecutrix was strongly corroborated in its essential features. The alleged crime was committed °on August 30, 1914. The girl, about fifteen years of age, was examined a few days thereafter by a physician who testified for the prosecution, and he found a rip or tear in the vagina “of recent origin,” which, in his judgment, had existed “a very short period; probably not more than a day or two.” The girl herself testified to “penetration” by the defendant. The only evidence to the contrary, apart from that of the defendant, who made a complete denial of rape or attempted rape, was that of an ambulance surgeon, called by the defense, who testified that, on the night of the alleged crime, he had examined the girl and “ didn’t see practically any signs of external violence except that the hymen had been ruptured at some time or other; whether recent or that night I could not tell.” He further testified that he took
The judgment of conviction of the County Court of Queens county is affirmed.
Jenks, P. J., Thomas, Stapleton and Rich, JJ., concurred.
Judgment of conviction of the County Court of Queens county affirmed.