People v. Flaherty

At the time of the transactions out of which this action arose the Penal Code provided:

“Sec. 278. Rape is an act of sexual intercourse with a female not the wife of the perpetrator, committed, against her will or without her consent. A person perpetrating such an act or an act of sexual intercourse with a female not his wife, (1) When the female is under the age of sixteen years; * * * (6) When she is, at the time, unconscious of the nature of the act, and this is known to the defendant; is punishable by imprisonment, for not less than five nor more than twenty years.”

February 6, 1893, an…