Logourl black
From our private database of 14,200+ case briefs...

People v. Samuels

Court of Appeals of California
250 Cal. App. 2d 501 (1967)


Facts

Marvin Samuels (defendant) made several sadomasochistic films depicting individuals being whipped. Samuels sent one of his films to the Eastman Kodak Company (Kodak) for processing, and Kodak turned the film over to the police. Pursuant to the California Penal Code § 245, Samuels was charged with assault by means of force likely to cause bodily injury, among other crimes. One of the films was admitted into evidence and depicted a naked man who was strung up and whipped by Samuels. Samuels testified that the man had responded by telephone to Samuels’s request for volunteers for sadomasochistic films. Samuels also testified that the force of the whippings was faked and that cosmetics were used to simulate the lash marks. However, three qualified film experts testified that an examination of the film indicated that the man’s injuries progressively developed, that there were no splices in the film, and therefore, that the camera was never stopped to apply cosmetics. In addition, the film experts concluded that no retouching was done and that the film was an accurate depiction of what was actually happening. Samuels was found guilty by jury of aggravated and simple assault. Samuels appealed, arguing that the prosecution had failed to prove the crime of aggravated assault and that the man’s consent was an absolute defense to the charge, such that the trial court’s instruction that consent was not a defense was in error.

Rule of Law

Issue

Holding and Reasoning (Shoemaker, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 250,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.