People v. Guthreau

Opinion

STANIFORTH, J.

A jury convicted Neal Joseph Guthreau of forcible rape (Pen. Code, § 261) and oral copulation by force and violence (Pen. Code, § 288a, subd. (c)). On trial, Guthreau’s defense was that the prosecutrix, Kathleen R., consented to the act of intercourse. Guthreau denied any oral copulation. On appeal, Guthreau contends the trial court committed reversible error in (1) allowing expert witness testimony of a police officer stating her opinion the resistance displayed by Kathleen was reasonable under the circumstances, (2) refusing to instruct the jury pursuant to proffered…