People v. Akens
California Court of Appeal
APPEAL from a judgment of the Superior Court of Butte County and from an order refusing a new trial. H. D. Gregory, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBurnett, J.
Defendant was charged with having had carnal intercourse with a female under the age of consent and he was convicted of “assault with intent to commit rape.” Several reasons are urged by appellant for reversal but the most serious question, which is not discussed or suggested at all, is whether the verdict is within the scope of the information—in other words, whether the defendant was convicted of a different crime from that charged against him.
The charging part of the information is that “The said Jack Akens did on or about the 12th day of May, A. D. 1913, at Butte County and state of…
2Cases cited3 opinions
- People v. GardnerCalifornia Supreme Court · 1893
- People v. Dong Pok YipCalifornia Supreme Court · 1912
- State v. PickettNevada Supreme Court · 1876
3Cited by26 opinions
- In Re HessCalifornia Supreme Court · 1955
- David Luther Ghent v. Jeanne S. Woodford, Warden, of California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2002
- People v. RuppCalifornia Supreme Court · 1953
- People v. RamirezCalifornia Court of Appeal · 1969
- People v. TuckerCalifornia Court of Appeal · 1948
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