PEOPLE v. HILLARD

Docket No. B034853.

212 Cal.App.3d 780 (1989)

260 Cal. Rptr. 625

THE PEOPLE, Plaintiff and Respondent, v. JUDGE HILLARD, JR., Defendant and Appellant.

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

June 28, 1989.


Attorney(s) appearing for the Case

COUNSEL

Tyrone I. Toczauer, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, Edward T. Fogel, Jr., Assistant Attorney General, Donald E. De Nicola and William R. Weisman, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

GOERTZEN, J.

Judge Hillard, Jr., appeals the judgment following his conviction after a jury trial of assault with the intent to commit rape (Pen. Code, § 220) and trespass (Pen. Code, § 602, subd. (l)).

He contends that "[t]he law does not recognize the crime for which [he] was convicted, assault with intent to commit spousal rape, and he should therefore be acquitted."

The trial evidence established...

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