Dolly

Defendant was charged with rape in violation of Penal Code, section 261, subdivision 2. It was alleged that he accomplished an act of sexual intercourse upon a female person incapable, through unsoundness of mind, of giving legal consent to sexual intercourse. The court found defendant guilty as charged. Proceedings were suspended and defendant was granted probation. He appeals from the judgment (order granting probation).

Carol, the prosecutrix, was 20 years old at the time of the assault. She worked at the Cerebral Palsy Foundation. Defendant worked next door. At 7:30 p.m. on April 3, 1964, Carol went to defendant’s apartment. This was the only occasion she had visited his apartment. She was accompanied there by a young man who worked with her at the foundation. After a short time the young man left at defendant’s request and Carol was alone with defendant. After telling her to take off her dress, defendant carried Carol into the bedroom. He told her to remove her girdle. She complied and then removed the rest of her clothing and got into bed. After pulling the sheets down defendant began “hurting” her at the “bottom” of her body, the part she used when she “went to the…