People v. Butler

Opinion

JANES, J.

Defendant was charged by information with oral copulation (Pen. Code, § 288a), attempted forcible rape (Pen. Code, §§261, subd. 2, 664), and attempted rape by threat of harm (Pen. Code, §§261, subd. 3, 664). He was convicted by jury on the charges of oral copulation and attempted forcible rape. Sentenced to state prison on both counts, 1 the sentences to be served concurrently, he appeals from the judgment.

The principal contention advanced by defendant, which we will sustain, is that the trial court committed prejudicial error by refusing the jury’s request, midway in its…