Legal Opinion

People v. Fong Chung

California Court of Appeal

Decided May 27, 1907No. Crim. No. 74PublishedCited by 11 opinions

APPEAL from a judgment of the Superior Court of Santa Clara County, and from an order denying a new trial. J. E. Welch, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtCooper, P. J.

The defendant is charged in the indictment with the crime of rape, in having had sexual intercourse, on the twenty-sixth day of September, 1905, with Lillie Ida Davis, an unmarried female under the age of sixteen years.

After trial the jury returned a verdict of guilty, and judgment was thereupon entered, sentencing defendant to a term of ten years in the state prison.

The facts disclosed by this record are revolting. The party upon whom the rape is alleged to have been committed was just thirteen years of age, and had an elder sister, Eliza, who was fifteen. It seems, with the apparent…

2Cases cited3 opinions

  1. Newton v. StateSupreme Court of Florida · 1884
  2. People v. HowardCalifornia Supreme Court · 1904
  3. People v. DiazCalifornia Supreme Court · 1856

3Cited by11 opinions

  1. Miller v. StateWisconsin Supreme Court · 1909
  2. People v. BreckenridgeCalifornia Court of Appeal · 1975
  3. State v. TerryMissouri Court of Appeals · 1979
  4. People v. BurrowsCalifornia Court of Appeal · 1915
  5. People v. CostaCalifornia Court of Appeal · 1914

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