PEOPLE v. ELLIS

Docket No. Crim. 10346.

65 Cal.2d 529 (1966)

421 P.2d 393

55 Cal. Rptr. 385

THE PEOPLE, Plaintiff and Respondent, v. PHILLIP DEAN ELLIS, Defendant and Appellant.

Supreme Court of California. In Bank.

December 23, 1966.


Attorney(s) appearing for the Case

James R. Tormey, Jr., under appointment by the Supreme Court, and Michael R. Nave for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Edward P. O'Brien, John F. Kraetzer and John Murphy, Deputy Attorneys General, for Plaintiff and Respondent.


TRAYNOR, C.J.

Defendant appeals from a judgment of conviction entered upon a verdict finding him guilty of assault with intent to commit rape (Pen. Code, § 220).

The victim testified that while she was waiting for a bus in Burlingame at 5 a.m., July 20, 1964, defendant sought to induce her to engage in sexual intercourse. When she rebuffed him, he threatened to use his knife to compel submission. She saw no knife, but fled screaming, and defendant ran...

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