People v. Pacheco
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County, and from an order refusing a new trial.
1Opinion of the CourtMyrick, J.
1. The defendant was accused by information of the crime of rape, the act being charged to have been “committed by force and violence, and against the ydll and consent of the person named as the subject of the act.” Objection is made that the information did not contain an element of resistance on the part of the person; that subdivisions 3 and 4 of section 261 of the Penal Code have made resistance or prevention of resistance an element necessary to be alleged in order to state the offense.
We are of opinion that when the information stated that the act was committed by force and violence,…
2Cited by8 opinions
- People v. BarnesCalifornia Supreme Court · 1986
- People v. JonesCalifornia Court of Appeal · 1926
- Pueblo v. Martínez FigueroaSupreme Court of Puerto Rico · 1962
- State v. MorrisonMontana Supreme Court · 1912
- Harmon v. Territory of OklahomaSupreme Court of Oklahoma · 1897
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