People v. Craig

Defendant was prosecuted and found guilty upon two counts of rape based on a single act of intercourse committed without the consent and against the will of a sixteen year old girl. Count 1 of the information charged that the rape was accomplished by force and violence, contrary to the provisions of subdivision 3 of section 261 of the Penal Code. Count 2, after alleging that it was “a different statement of the same offense”, charged statutory rape upon a child under the age of consent, contrary to the provisions of subdivision 1 of the section. Each count also charged a prior conviction of…