People v. Zuell

California Court of Appeal

People v. Zuell

82 P. 1128, 2 Cal. App. 59, 1905 Cal. App. LEXIS 132

CourtCalifornia Court of Appeal

DecidedOctober 24, 1905

DocketCrim. No. 16.

StatusPublished

Cited by1 cases

This text of 82 P. 1128 (People v. Zuell) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Zuell, 82 P. 1128, 2 Cal. App. 59, 1905 Cal. App. LEXIS 132 (Cal. Ct. App. 1905).

Pincite

Opinion

COOPER, J.

The information charges that defendant did unlawfully and feloniously “commit a certain lewd and lascivious act upon and with the body of a child under the age of fourteen years, to wit, George. B. Fincher, of the age of thirteen years, with the intent then and there to arouse, appeal to, and gratify the lust, passions and sexual desires of the said Harry B. Zuell and the said George B. Fincher. ’ ’ Then follows a statement of the acts of the said defendant. The defendant demurred to the information upon the ground that it does not state facts sufficient to constitute a crime, in that the act charged is alleged to have been committed between two male persons. The court sustained the demurrer and held “that the words ‘lewd and lascivious, ’ as used in the statute, had reference only to an act attempted or committed between persons of the opposite sex.” The people prosecute this appeal from the judgment and order sustaining the demurrer. An information similar to the one here was held by this court to state facts sufficient to constitute a public offense in People v. Curtis, 1 Cal. App. 1, [81 Pac. 674].

Upon the authority of that case, the judgment and order are reversed.

Harrison, P. J., and Hall, J., concurred.

A petition for a rehearing of this cause was denied by the district court of appeal on November 27, 1905, and a petition to have the cause heard in the supreme court after judgment in the district court of appeal was denied by the supreme court on December 22, 1905.

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COOPER, J.

The information charges that defendant did unlawfully and feloniously “commit a certain lewd and lascivious act upon and with the body of a child under the age of fourteen years, to wit, George. B. Fincher, of the age of thirteen years, with the intent then and there to arouse, appeal to, and gratify the lust, passions and sexual desires of the said Harry B. Zuell and the said George B. Fincher. ’ ’ Then follows a statement of the acts of the said defendant. The defendant demurred to the information upon the ground that it does not state facts sufficient to constitute a crime, in that the act charged is alleged to have been committed between two male persons. The court sustained the demurrer and held “that the words ‘lewd and lascivious, ’ as used in the statute, had reference only to an act attempted or committed between persons of the opposite sex.” The people prosecute this appeal from the judgment and order sustaining the demurrer. An information similar to the one here was held by this court to state facts sufficient to constitute a public offense in People v. Curtis, 1 Cal. App. 1, [81 Pac. 674].

Upon the authority of that case, the judgment and order are reversed.

Harrison, P. J., and Hall, J., concurred.

A petition for a rehearing of this cause was denied by the district court of appeal on November 27, 1905, and a petition to have the cause heard in the supreme court after judgment in the district court of appeal was denied by the supreme court on December 22, 1905.

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82 P. 1128, 2 Cal. App. 59, 1905 Cal. App. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-zuell-calctapp-1905.

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