People v. Stilwell

Appellant was charged by information with the crime of violating Penal Code, section 261, subdivision 2, committed on or about the 19th day of October, 1957, in Lassen County. It was alleged that the appellant committed or performed an act of sexual intercourse accomplished with a female not the wife of the appellant and while said female was incapable through lunacy or other unsoundness of mind of giving legal consent. The case was tried to a jury which returned a verdict of guilty as charged and defendant appealed from the ensuing judgment.

The victim of the assault, aged 42, lived with an…