People v. Greer

Defendant was charged in an amended information with violations of Penal Code, sections 261(1) (statutory rape) and 288 (lewd and lascivious conduct). He pleaded not guilty to both counts, but the jury brought in verdicts of guilty and recommended that defendant serve one year in the county jail for the rape.

Defendant appeals on the grounds that the evidence is insufficient to support the verdict, that the court erroneously instructed the jury as to the defense of alibi, that he was subjected to double jeopardy, and that under section 288 he cannot be convicted of both statutory rape and lewd…