PEOPLE v. LINWOOD, D038521
The crime of rape of an intoxicated person, Penal Code section 261(a)(3) does not violate constitutional principles of due process, and a jury instruction did not impermissibly allow the jury to convict on the basis of civil negligence.
Appellate Information
- Decided 01/07/2003
- Published 01/07/2003
Judges
Court
- California Court of Appeal
Counsel
- For Appellees:
- Nancy J. King, Woodland, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry J.T. Carlton, and Susan Elizabeth Miller, Deputy Attorneys General, for Plaintiff and Respondent.