People v. Wessel
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Cruz County, and from an order denying a new trial and an arrest of judgment. The facts are stated in the opinion.
1Opinion of the Court
Temple, C.
— The defendant was convicted of the crime of rape, and sentenced to the penitentiary for ten years.
The^rst point made is that the court erred in overruling defendant’s demurrer to the information on the ground that it did not state facts sufficient to constitute a public offense. The information charges rape upon the person of a female child under the age of fourteen years, but does not state that the defendant was a male, or over the age of fourteen years, or if under that age that he possessed physical ability, as required by section 262 of the Penal Code, to commit the offense.…
2Cited by18 opinions
- People v. PaysenCalifornia Court of Appeal · 1932
- State v. . SmithSupreme Court of North Carolina · 1911
- People v. LambertCalifornia Supreme Court · 1898
- State v. KnightenOregon Supreme Court · 1901
- People v. LongCalifornia Court of Appeal · 1907
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