What is the test for using section 207 of the Penal Code to justify a charge of recklessly causing grievous bodily harm against two women?

California, United States of America


The following excerpt is from Cotton v. Superior Court In and For Imperial County, 15 Cal.Rptr. 65, 364 P.2d 241, 56 Cal.2d 459 (Cal. 1961):

The prosecution relies principally on People v. Rich, 177 Cal.App.2d 617, 2 Cal.Rptr. 600. In that case, the victims, under threat of a knife attack, were forced to accompany defendant for 10 or 12 blocks in an automobile while he attempted to escape following the burglary of a market. Certain broad language used in that case should be confined to the facts therein which manifestly demonstrate a commission of the offense denounced by section 207 of the Penal Code, and such language cannot reasonably be held applicable to the factual background and evidentiary features of the case with which we are here concerned.

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