People v. Mayberry

Opinion

RICHARDSON, J.

An information was filed charging Franklin May-berry and his brother Booker T. Mayberry with various offenses against the prosecutrix (Miss Nancy B.). Booker was charged with assault with intent to commit rape (Pen. Code, § 220). Franklin was charged with kidnaping (Pen. Code, § 207), rape by means of force and threat (Pen. Code, § 261, subds. 2 & 3), assault by means of force likely to produce great bodily injury (Pen. Code, § 245), and oral copulation (Pen Code, § 288a). Following a joint trial, a jury found defendants guilty as charged on all counts, except that the…