Cortez v. People

Opinion by

Mr. Justice Day.

Plaintiff in error was the defendant in the trial court and by the information was charged in two counts. In count 1 he was accused of “rape by force and violence,” and in count 2 of “rape by force and violence and by threats of bodily harm.”

At the close of the People’s case defendant moved for directed verdict of acquittal which was denied, and at the close of all of the evidence, over objection of the defendant, the trial court instructed the jury both as to rape by force and violence and rape by threats of bodily harm, and submitted for the jury’s consideration…