The defendant was indicted for rape, first degree (2 counts), assault, second degree, and incest.
The prosecutrix is his half sister, age thirty-six.
Upon the trial of the indictment, this court dismissed the first count of the indictment charging rape by force, and the jury found the defendant guilty of the remaining count of rape under subdivision 3 of section 2010 of the Penal Law, assault, third degree, and incest.
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