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People v. Kunz

27 N.Y.S. 945 Court N.Y. Gen. Term Decision date 1894-03-06 English

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p. 945
PEOPLE v. KUNZ.
(Supreme Court, General Term, Second Department.
March 6, 1894.)

Headnote

Rape—Uncorroborated Testimony of Prosecutrix.
A conviction of rape will be reversed where it is had on the uncorroborated testimony of the prosecutrix.
Appeal from court of sessions, Queens county.
Frederick Kunz was convicted of rape, and appeals. Reversed.
Argued before BROWN, P. J., and DYKMAN and PRATT, JJ.
Thornton, Earle & Kiendl, for appellant.
Daniel Noble, Dist. Atty., for the People.

A careful examination of the evidence in this case has failed to disclose any testimony corroborative of the complainant’s story. The conviction rests upon her testimony, uncorroborated by other evidence. The judgment must be reversed, and a new trial had.