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PEOPLE v. SMITH

Docket No. 984.

131 Cal.App.2d 538 (1955)

280 P.2d 891

THE PEOPLE, Respondent, v. JACK VERNON SMITH, Appellant.

Court of Appeals of California, Fourth District.

March 15, 1955.

Attorney(s) appearing for the Case

Gerald F. Schulte for Appellant.

Edmund G. Brown, Attorney General, and James C. Maupin, Deputy Attorney General, for Respondent.

BARNARD, P.J.

The defendant was charged with a violation of Penal Code, section 261, subdivision 3, in that on July 24, 1954, he accomplished an act of intercourse with the complaining witness against her will and over her resistance. He was also charged with a prior conviction of assault with intent to commit rape, with a prison term served. He pleaded not guilty and admitted the prior conviction. After a trial before the court without a jury he was found guilty...

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