Docket Nos. Crim. 6590, 6591.

54 Cal.2d 57 (1960)

351 P.2d 326

4 Cal. Rptr. 158

THE PEOPLE, Respondent, v. LEON DANIEL COLLINS et al., Appellants. THE PEOPLE, Respondent, v. OBIE BROWN, JR., Appellant.

Supreme Court of California. In Bank.

April 22, 1960.

Attorney(s) appearing for the Case

Burton Marks, under appointment by the Supreme Court, and Umann & Marks for Appellants.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Robert M. Sweet, Deputy Attorney General, for Respondent.


Defendants Collins, Scott and Brown were jointly accused of rape committed with force and violence in violation of subdivision 3 of section 261 of the Penal Code.1 The age of the prosecuting witness was not stated in the information, but the evidence at the preliminary hearing and the trial showed without dispute that her age was 15. The court sitting without a jury found defendants guilty of rape in violation of subdivision...

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