Hernandez

Defendant Dorothy Hernandez, a woman, appeals from a judgment based on jury verdicts finding her guilty of two counts of rape (count 2 and 3 of the information) by threats of great and immediate bodily harm in violation of Penal Code section 261, subdivision 4. She was found not guilty of a similar charge stated in count 1 of the information.

The information was in six counts. Counts 1, 2 and 3 charged defendant (hereinafter Dorothy) and her husband Anthony with violations of Penal Code section 261, subdivision 4, against one Rosa Ruiz, respectively, on August 11, 13 and 17, 1969. Counts 4, 5 and 6, respectively, charged Dorothy alone with aiding and abetting Anthony in the commission of the same offenses charged in counts 1, 2 and 3.

Under the substantial evidence rule (see People v. Hall, 62 Cal.2d 104, 109-110 [ 41 Cal.Rptr. 284 , 396 P.2d 700 ]; People v. Daugherty, 40 Cal. 2d 876, 885 [ 256 P.2d 911 ]) the record fully supports the jury’s finding that Rosa was raped by means of threats of great and immediate bodily harm on August 13 and 17, 1969. A conflict existed as to the circumstances under which the offenses were committed. The evidence could reasonably have…