Lopez

This is an appeal from a judgment on conviction for the crime of rape, committed upon one Clorinda Manriguez, a female person under the age of eighteen years, not being the wife of defendant.

Defendant was sentenced to imprisonment in the state’s prison. There was a motion for new trial, which was denied. Prom the order denying said motion, and the judgment, defendant appeals, and for reversal relies upon the following grounds: “(1) Error occurring at the trial in the admission and rejection of evidence; (2) Error in instructions to the jury; and (3) The improbability of the truth of the testimony of the complaining witness, Clorinda Manriguez.”

On cross-examination the defendant sought' to show, by the testimony of the prosecuting witness given at the preliminary examination of defendant, that she there testified to certain facts .contrary to her testimony on the trial in the superior court in this action; and after the portion of the transcript of the evidence taken at the preliminary examination, which defendant desired to have read, was actually read into the record, and the witness had answered the question, admitting that she had so testified, the district attorney…