People v. Brown, 47 Cal. 447

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.

Case Details

Case Name: People v. Brown

Court Name: California Supreme Court

Date Published: Jul 1, 1874

Citations: 47 Cal. 447; No. 10,059

Docket Number: No. 10,059

Court Abbreviation: Cal.