Costa

Defendant was convicted of the crime of rape alleged to have been committed June 3, 1913, upon a female under the age of sixteen years. He appeals from the judgment and an order denying his motion for a new trial.

Defendant was a night watchman for a machine-shop alongside of which was a lumber yard, both located adjoining the beach at San Pedro. According to the prosecutrix, who was fourteen years of age, she had been wading along the beach and at about 6 o’clock p. m. the defendant, whom she had known for some time, approached and spoke to her, when they walked into the.lumber yard, and upon reaching a certain point defendant took hold of her and pulled her a few feet around a pile of lumber and committed the act charged. On cross-examination she was questioned as to whether she at the time said anything to her mother about the matter, when she first told her mother of what defendant had done, and whether she told any one about the matter, to all of which questions objections were sustained upon the ground that the evidence sought to be elicited was immaterial and not cross-examination. It appears that on July 31 the girl was arrested by two officers—upon what ground is not…