People v. Miles
California Court of Appeal
APPEAL from a judgment of the Superior Court of the County of Alameda, and from orders denying a new trial and denying a motion in arrest of judgment. William H. Waste, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtCooper, P. J.
Defendant prosecutes this appeal from a judgment convicting him of the crime of rape, and the order denying his motion for a new trial.
It is claimed that the court erred in denying his motion in arrest of judgment, for the reason that the information fails to charge the defendant with the crime of rape as defined by the Penal Code with reference to this case, to wit, “an act of sexual intercourse accomplished with a female not the wife of the perpetrator . . . where she resists but her resistance is overcome by force or violence.” (Pen. Code, sec. 261.)
The information accuses the defendant of…
2Cases cited17 opinions
- People v. SchmitzCalifornia Court of Appeal · 1908
- Rice v. StateCourt of Criminal Appeals of Texas · 1897
- People v. HenryCalifornia Supreme Court · 1888
- Bice v. StateCourt of Criminal Appeals of Texas · 1897
- People v. ShaberCalifornia Supreme Court · 1867
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3Cited by8 opinions
- People v. PriestleyCalifornia Court of Appeal · 1911
- The People v. BonfantiCalifornia Court of Appeal · 1919
- People v. H. Jevne Co.California Supreme Court · 1919
- Pueblo v. CortésSupreme Court of Puerto Rico · 1916
- People v. EverettCalifornia Court of Appeal · 1909
3 more not listed; retrieve them via the Exa API.