People v. Tench

Judgment and conviction affirmed. Held (1) that the crime of rape may be shown by circumstantial evidence, the same as any other fact; (2) that the facts arid' circumstances disclosed by the evidence in • this case fully justified the jury in rendering the verdict of guilty a's charged in the indictment; and \3) that none of the exceptions to the admission or exclusion of evidence, present such error as under the eireumsthnces of this case requires a reversal' of the judgment and convic•tion. All concur, except LAUGHLIN, J., who dissents, iipon the ground that under the authority of People v. Kennedy, 164 N. Y. 449 , 58 N.