People v. Brown
California Supreme Court
Appeal from, the County Court, Humbolt County. The prosecutrix, Mrs. Julia Dow, and her sister-in-law, Mrs. Lupton, were riding on the same horse, on the public highway, about eleven o’clock a.bi. Mrs. Lupton was in the saddle and Mrs. Dow was riding behind. They were going from their home to Mr. Dermott’s, and had passed Mr. Turner’s house and got within about three quarters of a mile of Mr. Dermott’s when they met defendant Brown.
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Appeal from, the County Court, Humbolt County. The prosecutrix, Mrs. Julia Dow, and her sister-in-law, Mrs. Lupton, were riding on the same horse, on the public highway, about eleven o’clock a.bi. Mrs. Lupton was in the saddle and Mrs. Dow was riding behind. They were going from their home to Mr. Dermott’s, and had passed Mr. Turner’s house and got within about three quarters of a mile of Mr. Dermott’s when they met defendant Brown. The testimony of the two women was, in substance, that Brown said to them, that is a nice way to ride. That Mrs. Dow asked him if he had seen her horse at his…
1Opinion of the Court
By the Court:
The indictment we think good in substance, though not so well drawn as to become a valuable precedent in criminal pleading. But the evidence falls wholly short of establishing the crime charged upon the defendant. There was no resistance upon the part of the woman, or if there was any, it was of such equivocal character as to fairly suggest actual consent, or at most not a very decided opposition upon her part.
Judgment reversed and cause remanded for new trial.
2Cited by14 opinions
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