47 Cal. 447
Decided July 1, 1874
California Supreme Court · decided 1874-07-01
The prosecutrix, Mrs. Julia Dow, and her sister-in-law, Mrs. Lupton, were riding on the same horse, on the public highway, about eleven o’clock a.bi. Mrs. Lupton was in the saddle and Mrs. Dow was riding behind. They were going from their home to Mr. Dermott’s, and had passed Mr. Turner’s house and got within about three quarters of a mile of Mr. Dermott’s when they met defendant Brown.
Good law ✅— No negative treatment on recordhow we know
Decided 1874-07-01
Cited by 9 later decisions — most recently July 1986
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The indictment we think good in substance, though not so well drawn as to become a valuable precedent in criminal pleading. But the evidence falls wholly short of establishing the crime charged upon the defendant. There was no resistance upon the part of the woman, or if there was any, it was of such equivocal character as to fairly suggest actual consent, or at most not a very decided opposition upon her part.
¶2Judgment reversed and cause remanded for new trial.