California Court of Appeal

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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.
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