Ciulla

The appellant was convicted of rape, alleged to have been forcibly committed by him upon the person of Mary Schiro, a young Italian woman, twenty-two years of age. From the judgment of his conviction, and from the order denying his motion for a new trial, defendant appeals.

His first contention is that the verdict is not supported by the evidence. There is absolutely no merit in the eon tention. On the trial, appellant admitted the act of sexual intercourse, hut denied that it was had or accomplished by him with force or violence, but contended that the prosecutrix consented thereto. This was denied by the girl, and the jury believed her story. The record on appeal presents a case against the defendant and his several confederates of such nature as to merit the characterization of the attorney-general as being “conduct toward this young woman of the most brutal sort, not to say astonishing, in a civilized age and a civilized community. It would put even a ‘caveman’ to blush.” Early in the morning of April 7th of this year, as the prosecutrix was leaving her home in San Jose to go to work at a near-by place of employment, she was roughly seized by the defendant, who, with the help…