People v. Jones

The defendant was accused of the crime of possession of marijuana (Health & Saf. Code, § 11530) and of the crime of rape (Pen. Code, § 261, subd. 5), it being alleged that he had an act of sexual intercourse with a named woman “who was at the time unconscious of the nature of the act and this was known by the defendant.” Two prior narcotics convictions were alleged. In a nonjury trial the defendant was found guilty of the charge of possession of marijuana but he was acquitted of the crime of rape. The allegations as to prior convictions were found to be true. The defendant’s motion for a new…