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PEOPLE v. TOLSON

Docket No. 2330.

109 Cal.App.2d 579 (1952)

241 P.2d 32

THE PEOPLE, Respondent, v. LEO EVERETT TOLSON, Appellant.

Court of Appeals of California, Third District.

March 4, 1952.

Attorney(s) appearing for the Case

Gray & Hewitt for Appellant.

Edmund G. Brown, Attorney General, Doris H. Maier and Wallace G. Colthurst, Deputy Attorneys General, for Respondent.

ADAMS, P.J.

Appellant Tolson was charged with and convicted by a jury of a violation of section 261 of the Penal Code, in that, with force and violence, and against her will, he accomplished an act of sexual intercourse with a Mrs. S. who was not then his wife. He admitted the act of intercourse, but contends that it was accomplishehd without force or violence, and with the consent of Mrs. S., which she denied.

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