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People v. Estrada

THE PEOPLE v. FERRANDA ESTRADA

People v. Estrada, 53 Cal. 600 (1879)
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Court
California Supreme Court · State Highest Courts
Decided
July 1, 1879
Docket
No. 10,380
Citations
53 Cal. 6001879 Cal. LEXIS 55
Cited by 14
Syllabus
Assault with Ihtekt to Commit Rape. —An indictment for an assault with intent to commit a rape need not necessarily allege that the person assaulted was not the wife of the defendant.
Summary
Appeal from the County Court of Los Angeles County. The defendant was convicted of an assault with intent to commit rape, and he appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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By the Court:

The 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.

*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.

Judgment and order affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 14 cases

View all citing references →
1890: 11895: 11897: 21899: 11908: 11909: 11916: 21931: 11951: 11955: 22022: 118902026peak 1897 · 2

Relies on it most ⓘ

  1. People v. Miles101 P. 525 (Cal. Ct. App. 1908)
  2. Pueblo v. García Ithier78 P.R. Dec. 88 (1955)
  3. People v. García Ithier78 P.R. 81 (1955)
  4. People v. Durrant48 P. 75 (Cal. 1897)
  5. People v. Blankenship228 P.2d 835 (Cal. Ct. App. 1951)
  6. People v. Jones296 P. 317 (Cal. Ct. App. 1931)

Most recent

  1. People v. SalinasNo. F079629 (Cal. Ct. App. Apr. 25, 2022)
  2. People v. García Ithier78 P.R. 81 (1955)
  3. Pueblo v. García Ithier78 P.R. Dec. 88 (1955)
  4. People v. Blankenship228 P.2d 835 (Cal. Ct. App. 1951)
  5. People v. Jones296 P. 317 (Cal. Ct. App. 1931)
  6. People v. Cortés24 P.R. 195 (1916)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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