California Supreme Court, 1879

People v. Estrada

People v. Estrada
California Supreme Court · Decided July 1, 1879
53 Cal. 600; 1879 Cal. LEXIS 55
People v. Estrada

Cases that cite this one

13 later published cases cite this decision.

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Opinion of the Court

By the Court:

The defendant was indicted for an assault with an intent to commit rape. The indictment is in the usual form. It is not necessary to allege that the person who is alleged to have been assaulted was not the wife of the defendant.

*601' The question as to the intent with which the assault was committed is a question of fact; and if there was evidence tending to prove that the intent was as alleged in the indictment, the verdict will not be set aside on the ground that the evidence is insufficient to sustain the verdict. Evidence was given clearly tending to prove the intent as alleged.

Judgment and order affirmed.

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