Martinez

Defendant was convicted of rape upon the person of a girl fourteen years of age. He appeals from the judgment.

The information charges that the offense was committed “on or about the eleventh day of May, 1921.” The prosecutrix, whose testimony as to acts of sexual intercourse was not contradicted, related from the "witness-stand the story of her relations with defendant, which, put in narrative form, was substantially as follows: “I lived with my parents on a ranch at Van Nuys, in the county of Los Angeles. In May, 1921, myself and defendant spent three days and nights together. We first went to a hotel at Zelzah, in Los Angeles County, where we spent two days and nights. We both occupied the only bed in the room. We had sexual intercourse once each night. The third day we came to-the city of Los Angeles and went to a hotel in that city. We occupied the same bed and had sexual intercourse once that night. The next day we went to the courthouse in Los Angeles to get a marriage license. I told the clerk that I was eighteen years old.”

Though there is no very satisfactory evidence as to the date of the visit to the marriage license bureau, it seems to be conceded that it was May…