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PEOPLE v. JELKE

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After these preliminaries, we come to the precise charge against Jelke; but in order to focus upon that, it is necessary to state the criminal aspects as defined by section with which Jelke is not specifically charged in the indictment. Citing Cases.

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It is hardly necessary to Prostitutes Cordova these analogies, inasmuch as the distinction is so clear. There, obviously, the attempt is only made a crime insofar as it is an attempt to commit a crime.

If, as here, the statutory definition of the essence of a crime is the attempt to do a certain act, the crime is committed regardless of whether or not the act is performed. There must, of course, be some overt act constituting the attempt; the defendant must not just think about doing it in his own mind; but Prostitutes Cordova he engages in conduct which spells out an attempt which is made criminal by statute, that is all that is necessary.

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So long as the statute defines the crime as consisting in the attempt, the crime is committed if the attempt is made, regardless of whether it is successful and even regardless of whether the objective would be criminal apart from the attempt. We do not venture to give an all-inclusive definition of what acts constitute an attempt of this kind. Prostitutes Cordova is required than patronizing a prostitute; the issue is not always necessarily determined by what the woman was before she came into contact with the defendant, nor after she separated from him.

In this context, the Trial Judge charged the jury that the defendant could be guilty regardless of the previous character of the woman if Prostitutes Cordova successfully induced her to live a life of prostitution β€” if she was Prostitutes Cordova then a prostitute β€” or encouraged and assisted her to live a life Prostitutes Cordova prostitution if she was already a prostitute, or if he attempted to do any of these things.

At Prostitutes Cordova point the jury were instructed that "if you conclude that she did live a life of prostitution while she was Prostitutes Cordova with Prostitutes Cordova, but you entertain a reasonable doubt as to whether she so lived it because of the inducement, enticement or procurement of the defendant then you will acquit the defendant on the Pat Ward count.

The latter instruction may not have been entirely consistent with the idea that the statute renders criminal an attempt, regardless of whether the attempt has produced an effect upon the life of the woman.

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If there was any error in giving the instruction to the jury which has been quoted, it was not prejudicial to the Prostitutes Cordova. The sensible interpretation of this statute is that an attempt is not made to induce a woman to lead a Prostitutes Cordova of prostitution if all of the circumstances, including the previous life of the woman, make it apparent that nothing which a Prostitutes Cordova has done would have tended to alter the course of her life in this respect.

That was the upshot of the instructions which were given to the jury in this case. No exception was taken to the part of the charge that subdivision 2 of section of the Penal Law may be violated despite the fact that the female has in the past Prostitutes Cordova a prostitute.

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Other portions of section are necessarily and entirely unrelated to whether a woman has had such a previous record. We are not called upon to decide whether, under the particular clause underlying this indictment, the evidence concerning the previous Prostitutes Cordova of the woman might ever be such as to require a dismissal of the indictment.

We are not confronted with that question here due to the lack of an exception, and on account of the circumstance that Pat Ward was but 18 years of age which, if an exception had been taken, would Prostitutes Cordova made it a question of fact under the other facts of this case whether she had become a confirmed prostitute when she met Jelke.

That left it in the province of the jury Prostitutes Cordova acquit if they found that her previous character was such as to render it improbable that what defendant did would affect her course of conduct in this department of her life. If the jury considered that she would have lived a life of prostitution anyhow during the interval while she was associated with defendant, without being likely to have been affected by anything which he did, then, under the charge, they were to find Prostitutes Cordova not guilty.

It is argued that the likelihood is remote that Pat Ward would have conducted herself Prostitutes Cordova differently during these months if she had never met defendant, and that the jury Prostitutes Cordova inflamed against him by Prostitutes Cordova repulsiveness of his behavior.

If the verdict were Prostitutes Cordova be set aside as the product of passion or prejudice on the part of the jury, that would have been in the power of the Appellate Division. We have no jurisdiction to decide the case on any issue of fact. The next point in appellant's brief concerns the subject of corroboration. Subdivision 9 of section of the Penal Law provides: "No conviction shall be had Prostitutes Cordova this section upon the testimony of the female unless supported by other evidence.

This Prostitutes Cordova is largely analogous to sections and of the Penal Prostitutes Cordova requiring corroboration of the testimony of the prosecutrix in trials for certain sex crimes. More is required than is necessary to corroborate a confession under section of the Code of Criminal Procedure, where the corroboration is sufficient if it supports the existence of the corpus delicti People v. CuozzoN. The corroboration of the testimony of an accomplice under section of the Code of Criminal Procedure must tend "to connect the defendant with the commission of the crime.

Taleisnik Prostitutes Cordova. Citing that and various other decisions, such as People v. Plath N. Guardino N. The corroboration is Prostitutes Cordova restricted to any particular material point. It is undisputed that Pat Ward and these other women were engaged in prostitution. Ample corroborative testimony establishes that fact. Defendant's counsel even insisted upon the point in urging that his client did not induce Pat Ward to become a prostitute for the reason that she was one already.

When the trial court charged the jury, therefore, that the corroboration must extend to connecting Jelke with the commission of the crime of attempting to induce her to lead a life of prostitution, that referred to the only remaining material fact constituting the crime with which defendant was charged. Thus it is clear that there was no error here even if the law be as defendant's counsel contends. The other exceptions to the charge or to refusals to charge are not well taken.

Necessarily the instructions concerning the whole subject of corroboration were complex. Not only was Prostitutes Cordova necessary to instruct the jury concerning the corroboration of the testimony of Pat Ward and Marguerita Cordova required by Prostitutes Cordova 9 of section of the Penal Law which has been discussed, but also the court had to charge the jury regarding the corroboration of the accomplice testimony. It is settled that Prostitutes Cordova prostitutes could corroborate one another, that they themselves were not accomplices of defendant or of one another with respect to the charges preferred by these counts against defendant People v.

GuardinoApp. Erica Steel, however, was charged with being an accomplice of defendant in inducing Pat Ward to lead a life of prostitution, and the witness Richard G. Short was charged with being an accomplice of Prostitutes Cordova in Prostitutes Cordova Marguerita Cordova. Therefore Steel could not corroborate Short nor could Short corroborate Steel. That is relatively unimportant, since they Prostitutes Cordova mainly on different subjects. The defendant could not be convicted under the first count on the testimony of Erica Steel alone, nor under the eighth count on the testimony of Richard Short alone.

Neither could he be convicted under the first count on Prostitutes Cordova testimony of Pat Prostitutes Cordova alone, nor under the eighth count upon the testimony of Marguerita Cordova alone. Ward and Cordova required corroboration not as accomplices but under subdivision 9 of section of the Penal Law; Steel and Short had to be corroborated as accomplices under section of the Code of Criminal Procedure.

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It followed, however, that, inasmuch as these witnesses were required to be Prostitutes Cordova under different statutes and for different reasons, Pat Ward could corroborate Erica Steel's testimony, and vice versa, and it likewise followed that Marguerita Cordova could corroborate Richard Short's testimony against the defendant and Prostitutes Cordova versa.

This was explained to the jury in the Prostitutes Cordova in accurate detail. It is not remarkable that the jury reported that the necessarily complicated instructions about Prostitutes Cordova witnesses were a bit confusing to them, and that they requested that those portions of the charge be reread.

This was done. Thereafter the foreman of the jury inquired whether the testimony of a corroborating witness could be believed if the testimony Prostitutes Cordova the witness to be corroborated was not believed, adding: "In other words, you state about corroboration of the witness, say Ward.

Now, if Ward's testimony Prostitutes Cordova not believed, what happens with the corroborating witness? The court correctly told the jury that they were to Prostitutes Cordova them both together, that there might be something in the corroborating testimony giving basis to believe in the main testimony, but that "if you don't believe the main testimony, then that's the end of it.

Defendant's counsel thereupon requested the court to charge that if they do not believe the main testimony of Pat Ward, they must acquit, to which the court replied "I am not charging that far. Perhaps it would have been better if the Trial Judge had charged this request. It could have done no harm in this context, and would have obviated this disputation. But, strictly speaking, the trial court was correct in refusing this request.

He had previously told the jury that if they did not believe Prostitutes Cordova main testimony", in spite of the corroboration, that was the end of it. This was in answer to the jury's inquiry, and meant that it was for the jury to consider the main testimony upon any particular point in conjunction with whatever corroborating testimony bore upon the same point, and that the significant thing was whether they believed that the essential fact had or had not been established.

They were to decide whether or not the particular fact had been established as a fact upon Prostitutes Cordova basis of the "main" and the "corroborating" testimony on that point.

This was explained to the jury in the charge in accurate detail.

The use of these words "main testimony" were in that context. When, afterward, defendant's trial counsel transposed these words and infused them with further meaning by requesting an instruction that if the jury "don't believe the main testimony of Pat Wardthat they must acquit", it was going beyond what the Trial Judge had been discussing. Instead of referring to the "main testimony" in contradistinction to the "corroborating testimony" upon Prostitutes Cordova particular fact or factor in the case, defense counsel transposed these words so as to refer to "the main testimony of Pat Ward".

That introduced a different idea, and instead of Prostitutes Cordova to the principle of decision to be applied by the jury in analyzing any specific item of evidence, amounted to asking for an instruction that if the jury believed that in general Pat Ward was not telling the truth they were to acquit.

Such an instruction would have been too indefinite, and would have been subject to the criticism which was Prostitutes Cordova in People v.

Chartoff 72 App. The last exception of any consequence to the charge is Prostitutes Cordova the corroborative testimony was insufficient as a matter of law. This is closely related to appellant's point that defendant's guilt was not established Prostitutes Cordova a reasonable doubt.

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With respect to the eighth count, Prostitutes Cordova Marguerita Cordova, such corroboration as there was came from Patricia Thompson and her husband Richard G. We are not deciding a civil action but a criminal prosecution. The presence in the record of some evidence is Prostitutes Cordova sufficient to warrant Prostitutes Cordova submission of a criminal case to the jury; and whenever a criminal charge is submitted to the jury, against the objection and exception of the defendant, upon proof which falls below the statutory standard of rebutting the presumption of innocence and of proving guilt beyond a reasonable doubt, a question of law is presented People v.

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LedwonN. Here the evidence is simply that the defendant gave Marguerita Cordova a list of names, that he introduced her to Short and Pat Thompson as his new girl, that he suggested that she assume the professional name of Marie Corday, but that the next day she changed her mind and decided Prostitutes Cordova abandon any such course of action.

How much of this talk about a professional name and the other details was just silly banter is hard to be sure.

Cordova did testify that several months later she had sex relations with one of the men whose names had been given to her by defendant, for which she received money, but there is no testimony or contention that defendant received any Prostitutes Cordova of her fee nor is the circumstance that she had relations with this man corroborated in any Prostitutes Cordova. Short's and Thompson's testimony did not extend to all phases of this matter.

We think that the Appellate Division correctly held that this proof fell below the standard Prostitutes Cordova what should be required as matter of law to prove guilt beyond a reasonable doubt in the case of the eighth count in this indictment. It is otherwise regarding Pat Ward. Although it is vigorously contended that this girl had been Prostitutes Cordova from at least the age of 16 she was 18 when she met Jelkethat she would have lived a life of prostitution regardless Prostitutes Cordova anything that the defendant did, in this case that was Prostitutes Cordova question of fact for the jury.

There is corroboration from the other prostitutes not only that he countenanced her having sex relations with numerous other men for money, but also that he assisted and participated in her earnings.

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It is, of course, not sufficient that the defendant procure men as clients for the woman to render him guilty on this charge, he must have procured the woman to be a prostitute. Nevertheless, the evidence that he kept books and records of prospective clients or customers for Pat Ward, that he contacted these men upon a Prostitutes Cordova of occasions, that he received some of her earnings as a prostitute, that he entrusted her to the custody of Erica Steel to supervise her Prostitutes Cordova for defendant's benefit while he and Steele's consort went to Florida, the cashing of a check at one of the night clubs made to Pat Ward by one of her clients and indorsed "O.

Jelke", the fact that she used Jelke's apartment with his consent to Prostitutes Cordova sex relations with clients from which there is corroborative evidence that he benefited financially, the complex Prostitutes Cordova between defendant and all of these prostitutes and their procurers defendant, rather than Pat Ward, appears to have been first linked to the California crowd together with other evidence in the record Prostitutes Cordova the payment by defendant of some of Pat Ward's charges for her telephone exchange service, leads to the conclusion that there was sufficient corroborative evidence before the jury to sustain this conviction under count one.

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He probably thought little about the future but expected to come into money, and wanted to Prostitutes Cordova Pat Ward somehow in the meantime. Her designs on him may not have been beyond reproach.

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Lyman Jr. Ample corroborative testimony establishes that fact.
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How much of this talk about a Prostitutes Cordova name and the other details was just silly banter is hard Prostitutes Cordova be sure. FootNotes 1. Based upon this premise, appellant's counsel cites such cases as People v.

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Johnny the Serb has your commentary on the NFL's week 8 of the regular season. Draper suprato differentiate https://northstarproductlabs.com/ireland/prostitutes-loch-garman-1.php between all of Prostitutes Cordova different aspects of this crime, although each subdivision states that the aspect of the crime of "compulsory prostitution of women" which is defined therein is Prostitutes Cordova visit web page. He is not charged with importing or exporting women or girls from the State for immoral purposes in violation of subdivision 1; nor with inducing or attempting to induce or procure any woman or Prostitutes Cordova to enter a house of prostitution Prostitutes Cordova subdivision 3 the word Prostitutes Cordova has been written out of this subdivision by People v. Citing that and various other decisions, such as People v. Rather was it directed against influential offenders whose business was gain through prostitution; its purpose was to reach the systemization of prostitution on a commercial basis. Neither has defendant been charged with several of the aspects of this crime which are described in subdivision 2, under which this indictment is laid. The next point in appellant's brief concerns the subject of corroboration.

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