Legal Opinion
People v. Morgan
California Court of Appeal
Decided December 12, 1956No. Crim. 5709PublishedCited by 6 opinions
1Opinion of the CourtAshburn, J.
Defendant Draper appeals from a judgment of conviction of the charge of commission of the infamous crime against nature (Pen. Code, § 286) upon his willing codefendant Morgan. The crime was proved by an eye witness and defendant did not testify or offer any defense witnesses.
It is claimed that certain evidence was received in violation of the Cahan rule (44 Cal.2d 434 [282 P.2d 905]). Defendant and Morgan were taken in flagrante delicto by the police. They were transported forthwith to the police station, thence to Valley Hospital, where the police requested Dr. Nieremberg to make some slides…
2Cases cited17 opinions
- Rochin v. CaliforniaSupreme Court of the United States · 1952
- People v. CahanCalifornia Supreme Court · 1955
- People v. HaeusslerCalifornia Supreme Court · 1953
- People v. TarantinoCalifornia Supreme Court · 1955
- People v. RobargeCalifornia Supreme Court · 1953
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3Cited by6 opinions
- People v. ParhamCalifornia Supreme Court · 1963
- People v. MillsCalifornia Court of Appeal · 1957
- People v. ConternoCalifornia Court of Appeal · 1959
- People v. MartinezCalifornia Court of Appeal · 1986
- Commonwealth, Department of Public Safety v. HaydenCourt of Appeals of Kentucky · 1972
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