Byers

Appellant and five codefendants were charged by information with one count of rape (Pen. Code, § 261, subd. 3) and one count of oral copulation (Pen. Code, § 288a). Defendant was found guilty of both offenses after a jury trial. His motions for new trial and probation were denied and he was sentenced to state prison for the term prescribed by law on the count for rape, the sentence on the count of oral copulation was suspended by order of the court. Defendant appeals from the judgment of conviction and the verdict.

This court has reviewed the extensive record in this case and we conclude that there is more than sufficient evidence which if believéd by the jury would be adequate to support the guilty verdicts. We will not set out a lengthy discussion of the facts but will give a brief summary.

The victim, a young girl, testified as follows: In March 1969 she attended a party in a remote desert area near Barstow; a number of the members of a local motorcycle club including defendant were present at the party; the girl had previously known several of those who were present including the defendant; during the course of the party, despite her resistance, she was forced to…