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PEOPLE v. SCHOBER

Docket No. 7838.

204 Cal.App.2d 459 (1962)

22 Cal. Rptr. 318

THE PEOPLE, Plaintiff and Respondent, v. MANUEL SCHOBER, Defendant and Appellant.

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

June 7, 1962.

Attorney(s) appearing for the Case

Gladys Towles Root and Eugene V. McPherson for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Stanley X. Cook, Deputy Attorney General, for Plaintiff and Respondent.

SHINN, P.J.

Manuel Schober was accused by information of the crime of rape in separate counts, namely, in Count I defendant accomplished the act against Mrs. F. who resisted but her resistance was overcome by force and violence and, in Count II, the act was committed when the same victim was prevented from resisting by threats of great and immediate bodily harm accompanied by apparent power of execution. (Pen. Code, § 261.) In a jury trial defendant was convicted...

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