Title

1771: The People of the State of New York v. Marie Garcia

Abstract

James Mack, an attorney for Marie Garcia, appeals against his client’s conviction for violating the Tenement House Act. William Jones, a police officer, had previously testified at trial that Garcia, 22, a recent immigrant from Spain, had demanded $20 from him on August 30, 1913, for sexual intercourse with a second woman, Evelyn Noe, in a tenement house at 245 West 51st Street. The magistrate, Henry Herbert, had found Garcia guilty and had committed her to the city workhouse for six months.
The appeal claimed that, because the trial had commenced before a different magistrate (who had subsequently retired from the court), the conviction was invalid. The attorney, James Mack, also claimed that only one witness, the police officer, had testified against Garcia; that there was no corroborating evidence; that the defendant, Garcia, had not said or done anything improper; and that sexual intercourse had not occurred. The judge, Thomas Crain, denied the appeal and sustained the original verdict and sentence.

Type of Crime

Prostitution See all items with this value

Date of Crime

1913-08-30

Date of Hearing

1913-10-28

Verdict

Guilty See all items with this value

Sentence

Imprisonment See all items with this value

Defendant(s) Name(s)

Marie Garcia

Prosecuting Attorney

Unknown

Defense Attorney

James F. Mack

Judge

Thomas C. Crain See all items with this value

Case ID

1771

Location of Crime

245 West 51st Street, Manhattan, New York

Item sets

Prostitution

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