People v. Lopez

It was charged in count one of the information that on December 22, 1948, defendant assaulted one Enriqueta Ortiz with intent to commit rape; and in count two with the violation of section 261, subdivision 5 of the Penal Code in that on the same day he did accomplish an act of sexual intercourse with her, and that she, at the time, was unconscious of the nature of the act, which condition of unconsciousness was known to the defendant. The jury returned a verdict of not guilty as to the first count, and guilty as to the second count.

The complaining witness testified that she was 22 years of…