Legal Opinion

People v. Elgar

California Court of Appeal

Decided December 7, 1918No. Crim. No. 625PublishedCited by 6 opinions

APPEAL from a judgment of the Superior Court of Orange County, and from an order denying a new trial. Z. B. West, Judge. Affirmed. The facts are stated in the opinion of the court.

1Opinion of the CourtJames, J.

Defendant was convicted of the crime of rape, the prosecutrix being a child of the alleged age of thirteen years. The appeal is taken from the judgment of imprison ment and also from the order denying a motion for a new trial.

Defendant was the stepfather of the girl. By the testimony of the latter it appeared that defendant had, in May, 1917, forcibly seized the prosecutrix and accomplished the act complained of, the time being about 7:30 o ’clock in the evening, and the place a barn on the premises occupied by defendant, to which barn the prosecutrix had gone to give food to a cow kept…

2Cases cited4 opinions

  1. People v. RatzCalifornia Supreme Court · 1896
  2. People v. ElcoMichigan Supreme Court · 1902
  3. Commonwealth v. HollisMassachusetts Supreme Judicial Court · 1898
  4. Commonwealth v. PhillipsMassachusetts Supreme Judicial Court · 1895

3Cited by6 opinions

  1. People v. ErnoCalifornia Supreme Court · 1925
  2. People v. MeravigliaCalifornia Court of Appeal · 1925
  3. People v. O'ShaughnessyCalifornia Court of Appeal · 1933
  4. Dutzler v. StateArizona Supreme Court · 1933
  5. People v. MooreCalifornia Court of Appeal · 1962

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