Legal Opinion

People v. Mills

California Supreme Court

Decided July 1, 1861PublishedCited by 6 opinions

Appeal from the Court of Sessions of El Dorado. Indictment for rape. The offense is charged thus: “ John Mills is accused by, etc.-of the crime of rape committed as follows, to wit: The said John Mills, on the twentieth day of August, A. D. 1850, at the county of-, the said John Mills then being of the age of fourteen years and upwards, to wit: of the age of twenty-one years, did unlawfully and feloniously have carnal knowledge of a female child named M. A. W., she, the said…

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Appeal from the Court of Sessions of El Dorado. Indictment for rape. The offense is charged thus: “ John Mills is accused by, etc.-of the crime of rape committed as follows, to wit: The said John Mills, on the twentieth day of August, A. D. 1850, at the county of-, the said John Mills then being of the age of fourteen years and upwards, to wit: of the age of twenty-one years, did unlawfully and feloniously have carnal knowledge of a female child named M. A. W., she, the said M. A. W., then being under ten years of age, to wit: of the age of nine years and upwards—contrary to the form of the…

1Opinion of the CourtCope, J.

Baldwin, J. concurring.

The .'indictment is sufficient. It charges that the defendant, unlawfully and feloniously had carnal knowledge of a female child under ten years of age. The facts constituting the offense are stated with sufficient precision.

There is nothing in the other points made. The presumptions are in favor of the regularity of the proceedings.

Judgment affirmed.

2Cited by6 opinions

  1. Murphy v. StateIndiana Supreme Court · 1889
  2. State v. JonesMontana Supreme Court · 1905
  3. People v. RangodCalifornia Supreme Court · 1896
  4. United States v. CannonUtah Supreme Court · 1885
  5. Deibel v. KinnearOhio Court of Appeals · 1934

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