People v. Burke
California Supreme Court
Appeal from the County Court of Mendocino County. The defendant was indicted for the crime of rape. The charging part of the indictment was as follows: “The said Peter Burke, on the 18th day of May, A. D. 1867, at the County of Mendocino, did have carnal knowledge of a female, named Elizabeth Harris, forcibly and against the will of the said Elizabeth Harris, contrary to the form of the statute,” etc.
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Appeal from the County Court of Mendocino County. The defendant was indicted for the crime of rape. The charging part of the indictment was as follows: “The said Peter Burke, on the 18th day of May, A. D. 1867, at the County of Mendocino, did have carnal knowledge of a female, named Elizabeth Harris, forcibly and against the will of the said Elizabeth Harris, contrary to the form of the statute,” etc. Defendant demurred, on the grounds, among others, that the indictment does not substantially conform to the requirements of sections two hundred and thirty-seven and two hundred and thirty-eight…
1Opinion of the Court
By the Court, Rhodes, J.:
The indictment is sufficient. The offense is charged in the words of the statute defining the crime of which the defendant was accused. (People v. Martin, 32 Cal. 91; People v. English, 30 Cal. 216; People v. Garcia, 25 Cal. 531.)
The affidavit of the defendant does not show sufficient diligence on his part to entitle him to a continuance. (People v. Williams, 24 Cal. 31.)
Judgment affirmed.
2Cases cited3 opinions
- People v. WilliamsCalifornia Supreme Court · 1864
- People v. GarciaCalifornia Supreme Court · 1864
- People v. MartinCalifornia Supreme Court · 1867
3Cited by3 opinions
- People v. RangodCalifornia Supreme Court · 1896
- Sharp v. StateIndiana Supreme Court · 1919
- People v. HorvathCalifornia Court of Appeal · 1913