People v. Souleotes
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order refusing a new trial. George H. Cabaniss, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
THE COURT.
This is an appeal from a judgment of conviction of the crime of rape.
Two points are made upon the appeal. The first is that the information is fatally defective in the following respect: Instead of averring that the offense was committed upon the person of the minor “not being then and there the wife of said John Souleotes”; its words are “not being then and there with wife of said John Souleotes.” There was no demurrer or other objection to the sufficiency in form of the information until after the defendant’s conviction. We think the point made for the first time after conviction…
2Cited by7 opinions
- McDonald v. McDonaldCalifornia Supreme Court · 1936
- State v. VolpeSupreme Court of Connecticut · 1931
- Turner v. TurnerCalifornia Court of Appeal · 1959
- Campbell v. CampbellCalifornia Court of Appeal · 1926
- Cruickshank v. CruickshankNew York Supreme Court · 1948
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