People v. Murphy

Appeal of the defendant from a judgment of conviction of the crime of rape, and from the order denying motion for new trial.

The facts of the case are substantially as stated in the brief of the attorney-general as follows: On Wednesday evening, November 24, 1920, Jessie Montgomery (whose marriage name is Matthias) was waiting on the corner of Sixteenth and Mission Streets, San Francisco, for a car to take her to her home, at 315 Fifth Street. James Carey, whom she previously had met and danced with, drove by in an automobile. After recalling himself to her he invited her and her chum, Miss Jean Stanley, into his car to be taken home. They were driven to Clark’s Poolroom, on Mission Street near Twentieth, and there were joined by Thomas Brady, a friend of Carey. The four then drove in Carey’s car to the Stroller’s Cafe, Ninth and Folsom Streets, where each had one drink of sherry wine. Other drinks were served but they were consumed by the men; the girls did not partake of them. While the four were in the cafe defendant Murphy and Edward Kruvosky entered. There ensued a whispered conversation among the four men, the nature of which the girls do not know. But when the girls and…