People v. Christian
People v. Christian
Opinion of the Court
Defendant was convicted of the crime of rape and appeals from the judgment and order denying his motion for a new trial.
The prosecutrix, a girl about thirteen years of age, was a schoolmate of defendant’s daughter, and was in the habit of visiting his home for some months prior to the commission of the offense. On several occasions defendant asked the girl to submit to his desires,, but she repeatedly refused, until on the 20th of June, 1919, he succeeded in accomplishing his purpose. The two girls came from school about noon on that day, the defendant arriving home shortly there *648 after. According to the testimony of the prosecutrix, at some time during the afternoon Christian indulged in sexual intercourse with her, on the bed in his room. Defendant’s daughter stated on the stand that she saw the two sitting on the side of- her father’s bed, but that she did not witness the act. The prosecutrix further related the circumstances of several subsequent indulgences of a similar character, in Los Angeles. She also testified that in November of the same year she made a trip with defendant and his daughter to Calexico, where all three occupied one bed at a hotel, and that while there Christian more than once had carnal knowledge of her person. Defendant’s daughter was a witness to some of the later acts in Los Angeles, and also to the instances in Calexico.
Appellant raises two points upon which he relies as ground for reversal: (1) That the court erred in permitting testimony relating to subsequent acts; and (2) error in allowing evidence of a separate and distinct offense to be presented to the jury.
The rule was followed in this case. After the prosecutrix had testified to the incidents occurring on June 20, 1919, the district attorney elected to stand upon that date as the. one on which the crime was committed. Witnesses then testified to subsequent acts of sexual intercourse between the defendant and the prosecutrix for the limited purpose, as expressly stated by the prosecution, of corroboration of the charge.
2. Appellant contends that the testimony regarding the trip to Calexico was inadmissible, for the reason that it tends to support a charge of child-stealing, or a violation of the Mann Act [U. S. Comp. Stats., secs. 8812-8819],
We have carefully examined the entire record, and find no error therein.
Judgment affirmed.
Finlayson, P. J., and Thomas, J., concurred.
Reference
- Full Case Name
- The PEOPLE, Respondent, v. J. T. CHRISTIAN, Appellant
- Cited By
- 7 cases
- Status
- Published