People v. Tyler
California Supreme Court
Appeal from the County Court of Nevada County. The defendant was indicted, tried, and convicted for the crime of rape, alleged to have been committed upon the person of one Ellen Dorsey. The defendant demurred to the indictment, upon the ground, among others, that it charged two offenses. The demurrer "was overruled, and defendant excepted.
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Appeal from the County Court of Nevada County. The defendant was indicted, tried, and convicted for the crime of rape, alleged to have been committed upon the person of one Ellen Dorsey. The defendant demurred to the indictment, upon the ground, among others, that it charged two offenses. The demurrer "was overruled, and defendant excepted. The defendant moved in the Court below for a new trial, which was denied, and thereupon appealed from the judgment and the order denying a new trial. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sawyer, C. J. :
The point to the effect that the indictment charges two offenses, in view of the fact that it charges the principal offense, and also an assault with intent to commit such offense, is untenable.
Several witnesses were called to impeach the prosecuting witness’ character for truth and veracity. One witness said, that he knew her reputation for truth and veracity; that it was bad; that she was a notorious liar, but he did not say whether from her reputation he would believe her under oath or not. The question does not appear to have been asked. Another witness, after…
2Cited by9 opinions
- Hamilton v. PeopleMichigan Supreme Court · 1874
- People v. TylerCalifornia Supreme Court · 1869
- People v. HarroldCalifornia Supreme Court · 1890
- People v. CoreyCalifornia Court of Appeal · 1908
- Pueblo v. FuentesSupreme Court of Puerto Rico · 1944
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