People v. Dolly

Defendant was charged with rape in violation of Penal Code, section 261, subdivision 2. It was alleged that he accomplished an act of sexual intercourse upon a female person incapable, through unsoundness of mind, of giving legal consent to sexual intercourse. The court found defendant guilty as charged. Proceedings were suspended and defendant was granted probation. He appeals from the judgment (order granting probation).

Carol, the prosecutrix, was 20 years old at the time of the assault. She worked at the Cerebral Palsy Foundation. Defendant worked next door. At 7:30 p.m. on April 3, 1964,…