Legal Opinion

People v. Allison

California Court of Appeal

Decided November 13, 1914No. Crim. No. 335PublishedCited by 10 opinions

APPEAL from a judgment of the Superior Court of San Luis Obispo County and from an order refusing a new trial. E. P. Unangst, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

Defendant was prosecuted under section 286 of the Penal Code, which provides that “Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by imprisonment in the state prison not less than five years.”

Defendant appeals from the judgment of conviction and attacks the indictment, to which he interposed a demurrer upon the ground that the facts stated in the indictment did not constitute a public offense, which was overruled. The indictment is as follows: “James F. Allison is accused by the grand jury ... of the infamous crime…

2Cases cited5 opinions

  1. Commonwealth v. SquiresMassachusetts Supreme Judicial Court · 1867
  2. People v. CarrollCalifornia Court of Appeal · 1905
  3. Maxey v. StateSupreme Court of Arkansas · 1899
  4. People v. TerrillCalifornia Supreme Court · 1899
  5. Peterson v. BakerWashington Supreme Court · 1905

3Cited by10 opinions

  1. People v. BattilanaCalifornia Court of Appeal · 1942
  2. State v. ClarkSupreme Court of New Jersey · 1971
  3. People v. FuskiCalifornia Court of Appeal · 1920
  4. People v. GannCalifornia Court of Appeal · 1968
  5. Lefavour v. StateCourt of Criminal Appeals of Oklahoma · 1943

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