People v. Webster

Citations

• 111 Cal. 381
• 43 P. 1114
• 1896 Cal. LEXIS 593

Syllabus

<p>Criminal Law—Assault with Intent to Commit Rape—Age of Prosecuting Witness—Erroneous Charge to Jury.—Upon the prosecution of a defendant accused of au assault with intent to commit rape, the question whether the prosecuting witness is under the age of consent is one of pure fact for the jury, who are not bound to believe the evidence of the prosecuting witness as to her age; and it is prejudicial error for the court to charge the jury in effect that she was under the age of consent, upon the ground that her testimony as to her age was not contradicted by any other witness.</p> <p>Id.—Instructions as to Reasonable Doubt. —A court should not depart in its charge from the common and usual instruction upon the subject of reasonable doubt.</p>