Gray

A jury convicted defendant of the offenses

of kidnaping (Pen. Code, §207) and forcible rape (Pen. Code, §261, subd. 3). The trial court sentenced defendant to state prison on the rape count. Since the two offenses arose out of a single course of action, the execution of the sentence for kidn ping was suspended, to avoid the double punishment prohibited by Penal Code section 654. (See In re Wright, 65 Cal.2d 650, 655, fn. 4 [ 56 Cal.Rptr. 110 , 422 P.2d 998 ], approving this procedure.)

This appeal is from the judgment. The notice of appeal also refers to the denial of the motion for a new trial, which is not an appealable order. (Pen. Code, § 1237.)

The victim, a Mrs. Bowman, aged 47, testified that she had met defendant at a party about three weeks before the offenses were committed. On the evening they met, Mrs. Bowman drove defendant to his home, went in with him, and enjoyed coffee and doughnuts. Another evening they spent together in Mrs. Bowman’s apartment.

On Saturday evening, October 30, 1965, Mrs. Bowman went by herself in her own automobile to a Halloween costume party, at the invitation of a man she considered engaged to marry her.

Defendant was also a guest at the…