People v. Royal
California Supreme Court
Appeal from the County Court of Sonoma County. The defendant was tried for the crime of rape, committed upon the person of a girl sixteen years of age. He was a practicing physician at Santa Posa, and the girl was in the habit of visiting his wife. On one occasion, at about six o’clock in the evening, the defendant drove up in his buggy to the house where the girl was living, and invited her to go home with him.
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Appeal from the County Court of Sonoma County. The defendant was tried for the crime of rape, committed upon the person of a girl sixteen years of age. He was a practicing physician at Santa Posa, and the girl was in the habit of visiting his wife. On one occasion, at about six o’clock in the evening, the defendant drove up in his buggy to the house where the girl was living, and invited her to go home with him. She assented, and during the drive the defendant practiced the “ manipulation ” mentioned in the opinion. Upon approaching his office, which was furnished with locks and lounges, he…
1Opinion of the Court
By the Court :
Against the objection of the defendant, the witness Smith was permitted to testify that in his opinion as a medical man the “ manipulation ” of the person of the prosecutrix on the same day while driving on the public road between Healdsburg and Santa Bosa, and before she accompanied defendant to his office, may have weakened her capacity to resist when the alleged rape was committed. The effect of such “ manipulation ” upon females, as explained by the witness, is ordinarily “ to excite their passions to such an extent as to influence their judgment and mental condition.” The…
2Cited by4 opinions
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- State v. WilsonWest Virginia Supreme Court · 1914
- State v. CarterWashington Supreme Court · 1894