Valencia

Valencia v. Milliken

Good Law
1916 Cal. App. LEXIS 414·31 Cal. App. 533·160 P. 1086
Court of Appeal of CaliforniaSeptember 27, 1916Civ. No. 2001.California2,060 words

Opinion

Lead Opinion

Shaw, J.

As appears from the complaint, defendant, on or about December 19, 1911, with force and violence, made an indecent assault upon plaintiff, who at the time was a chaste and virtuous single woman over the age of twenty-one years, and then and there, without her consent, debauched and carnally knew her, as a result of which she became pregnant, and on September 17, 3912, gave birth to a child, to her damage in the sum of twenty-five thousand dollars; all of which allegations were by defendant denied.

The case was tried before a jury, which brought in a verdict in favor of plaintiff in the sum of four thousand dollars. Defendant moved for a new trial upon the ground of insufficiency of the evidence, errors in law occurring at the trial, and irregularities in the proceedings of plaintiff and the attorneys for plaintiff, which motion was overruled. The appeal is from the judgment and an order of court denying defendant’s motion for a new trial.

Appellant devotes a large part of his brief in support of his contention that the evidence is insufficient to justify the verdict of the jury. No purpose could be subserved in quoting at length the detailed acts of defendant in accomplishing…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.