Deatrick

Defendant was convicted of the crime of rape, and sentenced by the trial court to serve a term of twenty-five years’ imprisonment at San Quentin. ' The appeal is from the judgment, and from an order denying a motion for a new trial.

The act which was denounced by the information as making out the crime charged was alleged to have been accomplished with one Amy Deatrick, the adopted daughter of the defendant. It is alleged in the information that the .child was of the age of fourteen years. It appears that the girl was brought into the family of the defendant by adoption when she was about the age of five years. The family lived at various places during the years succeeding the adoption of the child, and finally took up their residence at Belleflower in Los Angeles County, where the defendant engaged in the busi ness of raising poultry. The house in which they lived was a small building divided into three rooms. The household then consisted of defendant, the adopted child, and the defendant’s wife. The child was sent to school, and was also provided with musical instruction by the defendant. The defendant hired a young man named Pay Detrick, who was not related to him in any way,…