Legal Opinion

People v. Shea

California Supreme Court

Decided June 19, 1899No. Crim. No. 509PublishedCited by 12 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. Carroll Cook, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtGaroutte, J.

Information charging the crime of rape. Defendant was convicted, and on his motion the court made an order granting a new trial, from which order the people have appealed.

The question involved in this appeal arises upon the admissibility of certain 'evidence. This evidence was introduced by defendant and tended to prove that the prosecutrix, previous to the time when the commission of the offense here charged was laid in the information, had consented to the having of sexual intercourse with other men. In the early case of People v. Benson, 6 Cal. 221, 65 Am. Dec. 506, this identical question…

2Cases cited5 opinions

  1. People v. BensonCalifornia Supreme Court · 1856
  2. People v. AbbotNew York Supreme Court · 1838
  3. People v. JohnsonCalifornia Supreme Court · 1895
  4. State v. PattersonSupreme Court of Missouri · 1885
  5. Woods v. . People of the State of N.Y.New York Court of Appeals · 1874

3Cited by12 opinions

  1. Ballard v. Superior Court of San Diego CountyCalifornia Supreme Court · 1966
  2. People v. PantagesCalifornia Supreme Court · 1931
  3. People v. DegnenCalifornia Court of Appeal · 1925
  4. State v. ApleyNorth Dakota Supreme Court · 1913
  5. People v. MangumCalifornia Court of Appeal · 1939

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