PEOPLE v. WARREN


24 A.D.2d 664 (1965)

The People of the State of New York, Respondent, v. Parrie Lee Warren, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 8, 1965


REYNOLDS, J.

Appellant admits the intercourse, but denies the rape. While a woman must oppose the man to the utmost limit of her power (People v. Dohring, 59 N.Y. 374), such resistance must only be genuine and proportioned to the outrage (People v. Carey, 223 N.Y. 519). We find that the record here contains sufficient evidence from which the jury could find that the acts involved were committed "against her [complainant's] will or without...

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