People v. O'Brien
California Supreme Court
APPEAL from a judgment of the Superior Court of Alameda County and from an order denying a new trial. John Ellsworth, Judge. The facts are stated in the opinion.
1Opinion of the Court
SMITH, C.
The defendant was convicted of rape. The appeal is from the judgment and from an order denying a new trial. The points urged for reversal are, that the information was insufficient to sustain the judgment; that the verdict was contrary to the evidence; and that there were errors in the instructions and in the admission of evidence.
The offense charged, as alleged in the information, and as defined in the instructions, consisted in the defendant’s having sexual intercourse with the prosecutrix, “who (it is alleged) was .... prevented from resisting said act . . . . hy certain…
2Cases cited17 opinions
- Hunter v. HunterCalifornia Supreme Court · 1896
- People v. RectorNew York Supreme Court · 1838
- People v. DouglassCalifornia Supreme Court · 1893
- People v. TomlinsonCalifornia Supreme Court · 1868
- People v. LeyshonCalifornia Supreme Court · 1895
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3Cited by36 opinions
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