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PEOPLE v. NEWTON

Docket No. 5434.

139 Cal.App.2d 289 (1956)

293 P.2d 476

THE PEOPLE, Respondent, v. HERBERT NEWTON, Appellant.

Court of Appeals of California, Second District, Division Two.

February 17, 1956.

Attorney(s) appearing for the Case

Herbert Newton, in pro. per., Jefferson & Jefferson, Bernard S. Jefferson and Martha Malone Jefferson for Appellant.

Edmund G. Brown, Attorney General, and W.B. Thayer, Deputy Attorney General, for Respondent.

ASHBURN, J.

Defendant appeals from conviction of rape of one Annie C.L. It was charged and impliedly found (after a nonjury trial) that defendant had sexual intercourse with Annie without her consent and against her will in that she was prevented from resisting by threats of great and immediate bodily harm accompanied by apparent power of execution. (Pen. Code, § 261, subd. 4.) Defendant in testifying admitted the fact of intercourse, but claimed that it was...

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