Truesdell

On the fourteenth day of March, 1932, an information was filed in the Superior Court of Placer County containing three counts, charging the defendant with three different acts constituting the crime of rape perpetrated upon the person of a girl of the age of fifteen years, not the wife of the defendant, and, also, charging the defendant with a prior conviction of a felony.

The defendant upon arraignment plead guilty to the prior conviction of a felony, not guilty as to the three charges contained in the information, and went to trial thereon, which resulted in a verdict of guilty on all three of the counts contained in the information.

This appeal is prosecuted from the denial of the defendant’s motion for a new trial and the judgment of conviction based upon the verdict of the jury.

A considerable portion of appellant’s brief relates to acts and circumstances not set forth in the transcript, such as the attitude of the court, the demeanor of counsel for the People, and what we may call the adverse atmosphere in the courtroom attendant upon the trial. We have carefully read every word contained in the reporter’s transcript and fail to discover anything therein in support of…