Lind

When this cause was in Department One the following opinion was prepared by Commissioner Belcher. It is hereby adopted by the court in Bank, and for the reasons therein stated, the judgment and order of the superior court are reversed, and the cause remanded.

“The facts stated in the complaint are these: The plaintiffs were husband and wife, and on or about the twenty-sixth day of October, 1887, at their residence in the town of Auburn, Placer County, ‘the defendant wickedly, maliciously, and violently assaulted said Johanna Lind, one of the plaintiffs herein, by jumping upon her while she was in bed, and holding her down, *7 and willfully contriving and intending to injure plaintiffs, defendant did then and there ravish and carnally know said Johanna Lind, without her consent and against her will, whereby she was made sick and sore in body/ etc., to the plaintiffs’ damage in the sum of fifty thousand dollars.

“The answer denies that defendant, at the time named in the complaint, or at any time, violently or wickedly or maliciously, or at all, assaulted the plaintiff Johanna, or that he jumped upon her, or held her down; or that he ravished her or carnally knew her against her…