People v. Carrell

Defendant was convicted of a felony under section 288a of the Penal Code, and was sentenced to imprisonment at San Quentin for the period of seven years. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

The charging part of the information is as follows: “Did willfully, unlawfully and feloniously commit the acts technically known as fellatio upon the person of one Ethel Carrell, a human being, by force and violence and against the will of the said Ethel Carrell, contrary,” etc.

Section 288a of the Penal Code was passed in 1915 and is as follows:…