People v. Ah Lung
California Court of Appeal
APPEAL from a judgment of the Superior Court of Placer County, and from an order denying a new trial. J. E. Prewett, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtMcLAUGHLIN, J.
The defendant was charged by the information with the crime of rape upon a female under the age of sixteen years, and convicted of an attempt to commit rape. The first point made in his behalf on this appeal is that the crime of which he was convicted is not included in a charge of rape, under subdivision 1 of section 261 of the Penal Code, unless it is charged that the rape was accomplished by force and violence, and against the will of the female. Section 1159 of the Penal Code provides that “the jury may find the defendant guilty of any offense, the commission of which is necessarily…
2Cases cited14 opinions
- People v. BensonCalifornia Supreme Court · 1856
- People v. MayesCalifornia Supreme Court · 1885
- People v. GardnerCalifornia Supreme Court · 1893
- People v. StrattonCalifornia Supreme Court · 1904
- People v. StewartCalifornia Supreme Court · 1893
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3Cited by5 opinions
- People v. GreerCalifornia Supreme Court · 1947
- People v. LindCalifornia Court of Appeal · 1924
- Valencia v. MillikenCalifornia Court of Appeal · 1916
- People v. BreshiCalifornia Court of Appeal · 1919
- State v. JonesIdaho Supreme Court · 1941