Does the Attorney General have any grounds to argue that the Defendant failed to plead that he had committed a sexual assault against the Defendant?
California, United States of America
The following excerpt is from People v. Garcia, 249 Cal.App.2d 342, 57 Cal.Rptr. 330 (Cal. App. 1967):
The Attorney General urges that, since the trial was held in the summer of 1964, subsequent to the filing on June 22, 1964, of the opinion in Escobedo v. State of Illinois (1964) 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, defendant's failure to urge this point at the trial forecloses a consideration of it here.
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