People v. Potter

Opinion

CHRISTIAN, J.

William Gail Potter appeals from a judgment of imprisonment which was rendered after a jury found him guilty of forcible rape (Pen. Code, § 261).

Appellant was arrested' shortly after he had, while intoxicated, broken into an apartment where he beat, raped and committed sodomy upon a mentally retarded and partially blind woman.

Appellant testified that a woman invited him into her room and “that’s the last thing I remember ’til I was arrested.”

Appellant contends, citing People v. Marsden (1970) 2 Cal.3d 118 [84 Cal.Rptr. 156, 465 P.2d 44], that the court should have inquired…