Legal Opinion
People v. Smith
California Court of Appeal
Decided September 21, 1961No. Crim. 3835PublishedCited by 17 opinions
1Opinion of the Court
THE COURT.
On March 2, 1960, a jury trying defendant for rape found him guilty of the included offense of assault with intent to commit rape. During the trial a prior conviction of violation of section 245 of the Penal Code was charged. The defendant in pleading to this charge said, “I admit that I pleaded guilty to 245 ... I deny that it is a felony. ’ After motions for a new trial and probation were denied he was sentenced to the state prison for the term prescribed by law and takes this appeal from the judgment of conviction.
Appellant contends, first, that the prior conviction of a…
2Cases cited14 opinions
- People v. BanksCalifornia Supreme Court · 1959
- Stephens v. ToomeyCalifornia Supreme Court · 1959
- People v. PowellCalifornia Supreme Court · 1949
- Doble v. Superior CourtCalifornia Supreme Court · 1925
- In Re MarquezCalifornia Supreme Court · 1935
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- United States v. Willard Cortez RobinsonCourt of Appeals for the Ninth Circuit · 1992
- United States v. Julio Gomez-Hernandez, United States of America v. Luis Alcaras-NavarroCourt of Appeals for the Eighth Circuit · 2002
- Franklin v. StateIdaho Supreme Court · 1964
- People v. BrownCalifornia Court of Appeal · 1973
- United States v. Wayne Robert Haggerty, Also Known as Robert Wayne Haggarty, Also Known as Travis CodyCourt of Appeals for the Eighth Circuit · 1996
12 more not listed; retrieve them via the Exa API.