Raich

People v. Raich

Good Law
1915 Cal. App. LEXIS 130·26 Cal. App. 286·146 P. 907
Court of Appeal of CaliforniaJanuary 11, 1915Crim. No. 545.California650 words

Opinion

Lead Opinion

This is an appeal from a judgment of conviction and from an order denying a new trial in a case where the defendant was charged with the commission of the felony defined by section 288 of the Penal Code.

But two points are presented in support of the appeal— namely, that the evidence is insufficient to support the verdict, in this, that the testimony of the complaining witness upon which the ease of the people was primarily rested, was not corroborated, and that her testimony is so inherently improbable and incredible that it amounts to no evidence at all.

Neither point is well taken. The statute defining the offense of which the defendant was convicted does not require that the testimony of the complaining witness shall be corroborated ; and we know of no statutory or other rule of law which calls for corroboration of the testimony of the complaining witness in cases of the character under consideration.

The contention that the testimony of the complaining witness is so inherently incredible and improbable is based upon the claim that her story as told upon her examination in chief concerning the conduct of the defendant at the time of the commission of the crime, was in a…

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