Mays

Michael Joseph Mays and Benjamin A. Sam appeal their court tried convictions for kidnaping (Pen. Code, § 207), two counts each of forcible oral copulation (Pen. Code, § 288a), and two counts each of forcible rape. (Pen. Code, § 261.3). Execution of sentences for kidnaping were stayed pending appeal, to become permanent upon completion of the sentences for the other crimes which are being served concurrently.

We detail the facts both because defendants contend the victim’s testimony was inherently improbable and because of the warning afforded to the increasing number of young girls who seem to consider hitchhiking an acceptable part of their life style.

After attending a party in the Hillcrest area of San Diego the night of August 17-18, 1969, 21-year-old Sylvia, foolishly hitched a ride between 2 and 3 a.m., intending to go to Ocean Beach to spend the rest of the night with a girl friend. The defendants, Marines stationed at Camp Pendleton, picked up the hitchhiking Sylvia and after a stop for gasoline, drove her to the comer of West Point Loma and Nimitz Boulevard in the Ocean Beach area.

Sylvia gave defendants directions to the freeway, left the car and walked west…