California Supreme Court, 1874

People v. Brown

People v. Brown
California Supreme Court · Decided July 1, 1874
47 Cal. 447
People v. Brown

Cases that cite this one

12 later published cases cite this decision.

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Opinion of the Court

By the Court:

The indictment we think good in substance, though not so well drawn as to become a valuable precedent in criminal pleading. But the evidence falls wholly short of establishing the crime charged upon the defendant. There was no resistance upon the part of the woman, or if there was any, it was of such equivocal character as to fairly suggest actual consent, or at most not a very decided opposition upon her part.

Judgment reversed and cause remanded for new trial.

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