Legal Opinion

People v. Sheffield

California Court of Appeal

Decided September 28, 1908No. Crim. No. 95PublishedCited by 10 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. B. N. Smith, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtAllen, P. J.

Defendant was convicted of rape committed upon a female child under the age of sixteen years. He appeals from the judgment and order denying a new trial.

The information filed, and upon which defendant was tried, charged that the offense was committed “on or about the 12th day of October, 1907.” It is insisted that the information is defective because the precise time was not stated. This is not necessary under section 955 of the Penal Code, except where the time is a material ingredient in the offense. That it is not such an ingredient, where rape by means of force is charged, is determined…

2Cases cited5 opinions

  1. People v. AmayaCalifornia Supreme Court · 1901
  2. People v. RatzCalifornia Supreme Court · 1896
  3. People v. GriffinCalifornia Supreme Court · 1897
  4. People v. DinsmoreCalifornia Supreme Court · 1894
  5. People v. RangodCalifornia Supreme Court · 1896

3Cited by10 opinions

  1. People v. HernandezCalifornia Supreme Court · 1964
  2. People v. McClennegenCalifornia Supreme Court · 1925
  3. People v. StennettCalifornia Court of Appeal · 1921
  4. People v. LyonCalifornia Court of Appeal · 1955
  5. Walden v. StateTennessee Supreme Court · 1941

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