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PEOPLE v. CRUZ

Docket No. 3531.

167 Cal.App.2d 337 (1959)

334 P.2d 259

THE PEOPLE, Respondent, v. JULIO MARCALLI CRUZ et al., Appellants.

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

January 26, 1959.

Attorney(s) appearing for the Case

Peter M. Nakahara, under appointment by the District Court of Appeal, for Appellants.

Edmund G. Brown and Stanley Mosk, Attorneys General, Clarence A. Linn, Assistant Attorney General, and John S. McInerny, Deputy Attorney General, for Respondent.

DRAPER, J.

A jury found both defendants guilty of kidnapping (Pen. Code, § 207) and of rape (Pen. Code, § 261, subd. 3). They appeal from the ensuing judgment.

At about 1 o'clock a.m. defendants seized prosecutrix upon a public sidewalk in San Jose, placed her in their car, and drove about for some time. Each then accomplished an act of sexual intercourse with her, while the other forcibly held her. Some portions of the testimony of appellants suggest...

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