People v. Harris

Opinion

FEINBERG, J.

Appellants Harris and Baker were charged in one count with kidnaping (Pen. Code, § 207) and in three counts, as principal or aider and abettor, with rape by force and by threats of great bodily harm (Pen. Code, § 261, subds. 2 and 3). In addition, Harris was charged with one count of robbery (Pen. Code, § 211). Appellants were convicted as charged.

The questions before us are: (1) was Harris denied a speedy trial; (2) was the jury properly instructed on the issue of consent; (3) did the court commit prejudicial error in excusing defense witnesses on Fifth Amendment grounds;…