People v. Jackson

In an information filed by the district attorney of Sacramento County defendant was charged with two counts of incest in that he, on December 16 and December 24, 1942, had sexual intercourse with his daughter; with two counts of rape of one Elsie M. who was then under the age of eighteen years, and with three counts of rape of Dorothy M., also under the age of eighteen years. He was found guilty of all of the seven counts, and a subsequent motion for a new trial was denied.

It is unnecessary to enter into a recital of the evidence in the case. As to each of the offenses charged there is ample direct evidence which, if not incredible, furnishes adequate support for the verdict and judgment. Appellant does not, in fact, deny this. His contention is that the verdict is unsupported by evidence because the testimony of the three prosecuting witnesses is inherently improbable and unworthy of belief; that the trial court erred in giving certain instructions, and in refusing to give certain others; and that hearsay evidence prejudicial to him was admitted by said court.

As to the inherent improbability of the testimony of the three prosecuting witnesses, we have read the record in its…