Bonzani

The defendant was informed against by the district attorney of Stanislaus County for the crime of rape and upon his trial was by the jury adjudged guilty of said crime. This appeal is by the defendant from the judgment.

The principal point upon which a reversal of the judgment is urged is that the evidence is insufficient to justify the verdict.

The alleged crime was committed on a ranch situated about a mile north of Crow’s Landing, in Stanislaus County, on the twentieth day of August, 1913. The prosecutrix, or the female with and upon whom the crime charged is alleged to have been perpetrated, is one Mrs. Bell de Bell. At the time of the commission of the alleged crime, she was about fifty years of age and was of unusual corpulency, weighing, as she testified, about two hundred and twenty pounds.

The defendant is an Italian, and, at the time of the occurrence which is the foundation of the charge in the information, was able to speak the English language only to a very limited extent, yet, when essaying a conversation in that language, he was generally able, by means of signs and gesticulations suitable to thoughts which he desired to express or convey, to make himself…