Legal Opinion

People v. Elgar

California Court of Appeal

Decided January 31, 1918No. Crim. No. 566PublishedCited by 18 opinions

APPEAL from a judgment of the Superior Court of Orange County, and from an order denying a new trial. Z. B. "West, Judge. The facts are stated in the opinion of the court.

1Opinion of the Court

WORKS, J., pro tem.

The appellant was convicted of the crime of rápe and was sentenced to not less than fifty years in the state prison. The appeal is from the judgment and from an order denying a motion for a new trial.

There is evidence in the record which tends to show that the appellant committed two acts of rape upon the prosecuting witness, one about May 6th, the other about May 14th, both in 1917. The information charges that the act was committed on or about the sixth day of May, 1917, and the district attorney told the jury, near the commencement of the trial, that he selected the act…

2Cases cited3 opinions

  1. People v. WilliamsCalifornia Supreme Court · 1901
  2. People v. KollerCalifornia Supreme Court · 1904
  3. People v. HarlanCalifornia Court of Appeal · 1916

3Cited by18 opinions

  1. People v. MaddenCalifornia Court of Appeal · 1981
  2. People v. BeckerCalifornia Court of Appeal · 1934
  3. People v. GavinCalifornia Court of Appeal · 1971
  4. People v. WademanCalifornia Court of Appeal · 1918
  5. State v. SlaneWyoming Supreme Court · 1935

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