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57 N.Y. Sup. Ct. 44

People v. Batterson

New York Supreme Court

Decided October 15, 1888

New York Supreme Court · decided 1888-10-15

The appellant was indicted, jointly with Stephen Adwin, John McKibben and Dennis Reardon, upon a charge that he did, on the 18th day of July, 1886, at the city of Rochester, in and upon one Sophia Kaisar, violently and feloniously made an assault, and her, the said Sophia Kaisar, then and there, against her will and without her consent, and by forcibly overcoming her resistance, feloniously and forcibly did ravish, carnally know and have sexual intercourse.

Decided 1888-10-15

¶1Opinion by

Haight, J.;Barker, P. J., and Bradley J., concurred; Dwight, J., concurred in the result.

¶2Judgment and conviction reversed and' a new trial ordered, and proceedings remitted to the Court of Sessions of Monroe county to proceed thereon.

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