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PEOPLE v. JOHNSON

Docket No. 1088.

145 Cal.App.2d 92 (1956)

301 P.2d 901

THE PEOPLE, Respondent, v. DARNES JOHNSON, Appellant.

Court of Appeals of California, Fourth District.

October 11, 1956.

Attorney(s) appearing for the Case

Darnes Johnson, in pro. per., and Alpha L. Montgomery, under appointment by the District Court of Appeal, for Appellant.

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

GRIFFIN, J.

Defendant and appellant (colored and aged 23 years) was charged with committing statutory rape (Pen. Code, § 261, subd. 1) upon a white girl, aged 13 years, in two separate counts on two separate occasions. He was convicted by the court sitting without a jury only on one count, i.e., on the date of November 6, 1955, and sentenced to state's prison. The only question presented is the sufficiency of the evidence to support the finding.

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