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Legal Opinion

Boro v. Superior Court

California Court of Appeal

Decided January 25, 1985No. A027892PublishedCited by 16 opinions

1Opinion of the Court

Opinion

NEWSOM, J.

By timely petition filed with this court, petitioner Daniel Boro seeks a writ of prohibition to restrain further prosecution of count H of the information on file against him in San Mateo County Superior Court No. C-13489 charging him with a violation of Penal Code section 261, subdivision (4), 1 rape: “an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances: ... (4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused.” 2

Petitioner contends that his…

2Cases cited7 opinions

  1. People v. MayberryCalifornia Supreme Court · 1975
  2. People v. OlsenCalifornia Supreme Court · 1984
  3. People v. JonesCalifornia Court of Appeal · 1964
  4. People v. HarrisCalifornia Court of Appeal · 1979
  5. People v. MinkowskiCalifornia Court of Appeal · 1962

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. TizardCourt of Criminal Appeals of Tennessee · 1994
  2. People v. RobinsonCalifornia Supreme Court · 2016
  3. Desnick v. American Broadcasting Companies, Inc.Court of Appeals for the Seventh Circuit · 1995
  4. People v. OgunmolaCalifornia Court of Appeal · 1987
  5. People v. STUEDEMANNCalifornia Court of Appeal · 2007

11 more not listed; retrieve them via the Exa API.

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