People v. Holmes

The appellant was charged by information with having committed the crime of rape in violation of the provisions of subdivisions 3 and á of section 261 of the Penal Code, and was also charged jointly with one Tetta Ratiate with having contributed to the delinquency of a girl under the age of twenty-one years. Both defendants were convicted by a jury, and this appeal is taken from the judgment and order denying a motion for new trial upon the charge of rape.

The portions of said section which are relied upon by respondent read as follows:

“Rape is an act of sexual intercourse, accompanied with a…