Supreme Court of California

Although court erred in failing to instruct on the need for independent proof of the corpus delicti, aside from defendant's pre-offense statements, in convicting for a forcible lewd act on a child, error was harmless where independent evidence of lewd intent was present; California Constitution section 28(d) did not abrogate the "independent proof" rule.

Appellate Information

• Decided 05/23/2002
• Published 05/23/2002

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
•  Carl Fabian, San Diego, under appointment by the Supreme Court, for Defendant and Appellant., Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, William M. Wood, Garrett Beaumont and Carl H. Horst, Deputy Attorneys General, for Plaintiff and Respondent.