People v. Ah Lean

The defendant is charged in the indictment with the crime of rape, in having had sexual intercourse on the eighth day of October, 1905, with one Lillie Ida Davis, an unmarried female under the age of sixteen years. A trial was had before a jury, and the jury returned a verdict of guilty, with a recommendation of the defend ant to the mercy of the court, and judgment was thereupon entered, sentencing the defendant to a term of eight years in the state prison. This appeal is from the judgment and from an order denying the defendant’s motion for a new trial. The facts and .circumstances surrounding this case, and the character of the girl, Lillie Ida Davis, are fully set forth in People v. Fong Chung, 5 Cal. App. 587 , [ 91 Pac. 105 ], a ease in which the defendant there was charged with rape upon the same girl on the twenty-sixth day of September, 1905, and such facts and circumstances need not be here repeated. In the record of this case at least some of the matters held to be error in the Pong Chung case are repeated.

The prosecution called Dr. McMahon, who testified that he examined the girl on the twenty-fourth day of October, 1905, and found at that time that she had venereal,…