People v. . De Leon

Citations

• 16 N.E. 46
• 109 N.Y. 226
• 8 N.Y. Crim. 71
• 14 N.Y. St. Rep. 847
• 64 Sickels 226
• 1888 N.Y. LEXIS 722

Syllabus

<p>Defendant was tried and convicted, under an indictment containing two counts, for kidnapping. The first count charged that defendant did “ feloniously and willfully inveigle and kidnap one Sarah Bowes, with intent to cause her, the said Sarah Bowes, without authority of the law, to be taken out of the State, and to be kept and detained against her will.” The second count was like the first, except that it charged that the intent of the defendant was to send the said Sarah Bowes against her will to Aspinwall in the State of Panama. The evidence for the prosecution showed that defendant, under the false pretence that employment had been procured for the prosecutrix, as a governess in the family of a certain named person at Panama, induced the prosecutrix to take passage on a steamer for Aspinwall, for the purpose of engaging in that service, when in truth and in fact, the named person was the keeper of a house of prostitution at Panama, for which. defendant acted as procurer, and that his object and purpose in inducing prosecutrix to go to ' Panama, were that she should become an inmate of such house. There was no actual confinement or detention of prosecutrix, nor any actual force used, nor apparently contemplated by defendant. The prosecutrix, induced by the false pretences above set forth, consented to go to Aspinwall, and voluntarily took passage to that port.&emdash;Held, that there was such fraud and deception by which the will of the prosecutrix was subjected to that of the defendant, and made subject to his control, as satisfied the charge of inveiglement in the indictment. Also held, that the consent of the ' prosecutrix having been procured by fraud, was as if no consent had been given, and the fraud being part of the original scheme, the intent of the defendant was to cause the prosecutrix to be sent out of the State against her will. Further held,, that these two elements of the crime being proved, they made out an offence within the Penal Code, section