Hewitt

The appellant was charged by information filed by the district attorney of Los Angeles County with statutory rape, alleged to have been committed upon a female person of the age of fifteen years, on or about December 1, 1928, December 15, 1928, and March 30, 1929. Having been convicted upon all three counts, a motion for a new trial was presented, which was denied, and the defendant appeals from the judgments and from the order last mentioned.

The principal ground assigned for reversal arises from conflicting evidence which appellant attempts to construe as rendering the evidence offered by the People so inconsistent and improbable as to have resulted in a miscarriage of justice. An exhaustive résumé of the details is not necessary. The prosecutrix testified that appellant, who is her father, had so conducted himself toward her that she feared him, and that on the first occasion he accomplished the act charged when she was about to take a bath; that he cautioned her to be quiet; that his revolver hung on the bedpost and that she made no outcry. The second offense, according to her testimony, occurred as she lay on her bed, reading, when her mother had gone to the store; that she…