People v. Estrada

Decided July 1, 1879

California Supreme Court · decided 1879-07-01

<p>Appeal from the County Court of Los Angeles County.</p> <p>The defendant was convicted of an assault with intent to commit rape, and he appealed.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1879-07-01

How this case has been cited

Cited by 12 later decisions — most recently March 1955

8 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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By the Court:

¶1The defendant was indicted for an assault with an intent to commit rape. The indictment is in the usual form. It is not necessary to allege that the person who is alleged to have been assaulted was not the wife of the defendant.

¶2 *601' The question as to the intent with which the assault was committed is a question of fact; and if there was evidence tending to prove that the intent was as alleged in the indictment, the verdict will not be set aside on the ground that the evidence is insufficient to sustain the verdict. Evidence was given clearly tending to prove the intent as alleged.

¶3Judgment and order affirmed.