People v. Ozene

Opinion

KANE, J.

Defendant George Ozene appeals from the trial court’s judgment entered on a jury verdict finding him guilty of violation of Penal Code section 261, subdivision 3 (rape by force and violence).

The Prosecution’s Case

On June 2, 1970 at approximately 3 p.m. the prosecutrix (“Sheila”) left her apartment located on Hayes Street in San Francisco in an attempt to find her boyfriend at an address on Franklin Street. She had been having problems with the boyfriend and was crying as she reached the street in front of her apartment house. At that point she was approached by appellant who…