Trunnell

Isaac Trunnell appeals his conviction by the trial court of rape (former Pen. Code, § 261, subd. 3) and robbery (Pen. Code, § 211).

The Rape and Robbery

The trial court received in evidence the testimony which Lyvia K. had given at the preliminary hearing. She testified that on the evening of 22 April 1970 she was accosted by Trunnell and another man in a school parking lot in Los Angeles. Trunnell pushed Lyvia into her car, and he and his companion got in with her. Both men threatened Lyvia, savagely beat her, and tore off her clothes. Trunnell forced her to have sexual intercourse with him. He also took her purse, money, watch, and wedding ring. As Trunnell continued to beat. Lyvia his companion drove the car and its occupants out of the parking lot. But Lyvia continued to struggle, and both men then left the car and ran away.

Los Angeles Police Officer Norris testified that on the evening of 22 April 1970 he found Lyvia near her car, nude, hysterical, beaten, bruised, and bleeding. The interior of her car was splashed with blood and her clothing was scattered about. A wallet containing Trunnell’s identification was found on the floor of the rear seat of Lyvia’s car.…