...narcotic, or anesthetic agents, or unconscious of the nature of the act, Is defined by our statutes as an act of sexual Intercourse, accomplished with a female, not the wife of the perpetrator, where she resists, but her resistance Is overcome with force or by violence, or where she Is prevented...

...fourteen. 2223. QUt of offense ; penetration sufficient. 2224. Punishment for rape. § 2221. Rape defined Rape is an act of sexual intercourse accomplished with a female not the wife of the perpetrator, where the female : ( 1 ) is under the age of 16 years : (2) is incapable, through unsoundness of mind,...

...was founded on subdivision 1 of section 261 of the Penal Code. That section, in Its entirety, reads: "Rape is an act of sexual intercourse, accomplished...perpetrator, under either of the following circumstances: "1. Where the female is under the age of eighteen years; "2. Where she is incapable, through lunacy...

...should be certain and uniform than that some particular case may be affirmed. The Penal Code states that rape is an act of sexual intercourse "accomplished with a female not the wife of the perpetrator". The information in this case states that the defendant did ravish and carnally know Carrie E. Weite....

...are necessary elements of the. crime of rape. The statute, section 261, Penal Code, defines rape as "an act of sexual intercourse, accomplished with a female not the wife of the perpetrator: 1. Where the female is under the age of sixteen years; ... 3. Where she resists, but her resistance...

...California defines the crime of statutory rape as follows: "Section 261, Rape — acts constituting — Rape Is an act of sexual Intercourse, accomplished...perpetrator, under either of the following circumstances. 1. Where the female Is under the age of 18 years * • *." (See footnote* on following page) alternate...

...with a female not the wife of the perpetrator, under either of the following circumstances: * * * (2) Where she is incapable, through lunacy or any other...whether temporary or permanent, of giving legal consent. Penal Code, section 261. People v. Griffin ((1897) 49 P. 711) and People v. Perry ((1914) 146 P. 44)...

...which are relied upon by respondent read as follows: "Rape is an act of sexual intercourse, accompanied with a female not the wife of the perpetrator, under either of the following circumstances: ii "3. Where she resists, but her resistance is overcome by force or violence ; "4. Where she is prevented...

...which are relied upon by respondent read as follows: "Rape is an act of sexual intercourse, accompanied with a female not the wife of the perpetrator, under either of the following circumstances: (i "3. Where she resists, hut her resistance is overcome by force or violence ; "4. Where she is prevented...

...jury were instructed in accordance with section 261 of the Penal Code defining the crime of rape to be an act of sexual intercourse accomplished with a female not the wife of the defendant, when the female is uncrer the age of eighteen, since the phrase "sexual intercourse" implies...