Stafford

Defendant was found guilty by a jury of the crime of rape by force.

The first ground raised by appellant is that the story testified to by the prosecutrix is inherently improbable. Examination of the evidence shows that it is not inherently improbable, but that the evidence raised a question that was for the jury to determine—whether under all of the facts and circumstances testified to, the crime was actually committed. The jury’s verdict shows that it did so find.

The contention of the appellant that the evidence showed that the prosecutrix did not make that resistance which the law requires before such a conviction can be sustained is probably answered by that portion of the prosecutrix’s testimony wherein she testified that she was threatened by appellant and that he slapped her face and choked her. Although her story is unusual that she did not call out to people near or make any attempt to escape from him, nevertheless the jury must have found her evidence to be true. Whether the verdict of the jury was found by it upon the evidence or wholly upon the argument of the deputy district attorney is a question which has caused us to scan the whole record with extreme care.

It…