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PEOPLE v. GUTHREAU

Docket No. 11204.

102 Cal.App.3d 436 (1980)

162 Cal. Rptr. 376

THE PEOPLE, Plaintiff and Respondent, v. NEAL JOSEPH GUTHREAU, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

February 21, 1980.

Attorney(s) appearing for the Case

COUNSEL

P. Edward Fort, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief. Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, A. Wells Petersen, Steven V. Adler, Jay M. Bloom and Gary W. Schons, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

STANIFORTH, J.

A jury convicted Neal Joseph Guthreau of forcible rape (Pen. Code, § 261) and oral copulation by force and violence (Pen. Code, § 288a, subd. (c)). On trial, Guthreau's defense was that the prosecutrix, Kathleen R., consented to the act of intercourse. Guthreau denied any oral copulation. On appeal, Guthreau contends the trial court committed reversible error in (1) allowing expert witness testimony...

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