Baker

This is an appeal by two of four defendants who, in a jury trial, were found guilty of the crime of rape by force and violence in violation of section 261, subdivision 3, of the Penal Code. Appellant Baker was charged in a seven-count information with (a) two counts of forcible rape of the same victim on different dates; (b) four counts charging him with the commission of acts of sexual perversion in violation of section 288a of the Penal Code, and (e) one count of assault upon another party by means of force likely to produce great bodily injury in violation of section 245 of the Penal Code.

An information charging appellant Van Hook with committing the same wrongs was consolidated for trial with the information against Baker. At the conclusion of the prosecution’s case, an amended information was filed against appellant Van Hook wherein two counts charging him with acts of sexual perversion were replaced by counts charging him with participation in certain acts of sexual perversion committed by appellant Baker and codefendant Burke.

We regard it as most fortunate that counsel for appellants very properly have recognized the utter futility of suggesting that the evidence does…