Opinion · New York Supreme Court

In re Dempsey

In re Dempsey, 65 N.Y.S. 717 (N.Y. Sup. Ct. 1900)

Type
Opinion
Court
New York Supreme Court
Jurisdiction
New York
Date
1900-07-15
Topic
general

McADAM, J. The prisoner was arrested on the charge of seducing the complainant under promise of marriage. Pen. Code, § 284. The complaint charges every fact necessary to make the crime complete.

Citator

UpLaw has not yet analyzed In re Dempsey. The absence of a flag is not a finding that it is good law.

Cited by
4 opinions
McADAM, J.

The prisoner was arrested on the charge of seducing the complainant under promise of marriage. Pen. Code, § 284. The complaint charges every fact necessary to make the crime complete. The law requiring the complainant to be corroborated (Id. § 286) is a mere rule of evidence relating to the trial and conviction of such offenders, and in no manner pertains to the formal complaint which initiates the prosecution. Indeed, the corroboration may be by circumstantial evidence. Boyce v. People, 55 N. Y. 644; State v. Brinkhaus (Minn.) 25 N. W. 642; State v. Hill (Mo. Sup.) 4 S. W. 121.

Writ dismissed, and prisoner remanded.