State v. Meyer

Nine of the appellants were found guilty by a jury of the crime of rape, and one of attempted rape. They have taken an appeal from the judgment and sentence of the court.

The statute upon which the information was based is Rem. Rev. Stat., § 2435 [P.P.C. § 118-181]. It provides that every person who shall perpetrate an act of sexual intercourse with a female of the age of ten years or upwards not his wife, when, through idiocy, imbecility, or any unsoundness of mind, either temporary or permanent, she is incapable of giving consent, commits the crime of rape.

Appellants' present to this court…