Chavez

Defendant Chavez was convicted of violating Penal Code, section 207 (kidnaping) and Penal Code, section 261, subdivision 3 (rape). His trial was severed from defendant Chastain. The jury found him not guilty of the charge of rape but guilty of the charge of kidnaping. Probation was denied and he was sentenced to state prison. From this judgment, he appeals.

The evidence can be summarized as follows:

Mr. and Mrs. Mills were members of Alcoholics Anonymous. Both had been drinking during the day of the alleged kidnaping and rape. On October 27, 1966, they decided to drive from Bakersfield, where Mr. Mills was night manager of the Tower Motel, to San Bernardino for the purpose of consulting with a friend, Mr. Jarrett, relative to employment prospects and assistance with their drinking problem. Upon arriving in San Bernardino, they discovered Mr. Jarrett was not home and thereupon went to the Alano Club, a social club for sober members of Alcoholics Anonymous. Mrs. Mills was given a cup of coffee there. Mr. Mills was requested to leave because of his recent drinking. After leaving the Alano Club, Mr. Mills purchased a six-pack of beer and returned, with Mrs. Mills, to the home of Mr.…