Mazzurco

The appellant was charged with the crime of rape, in that he assisted and abetted one Salvador Giulia, in the commission of an act of sexual intercourse, accomplished by said Giulia, with force and violence upon Mary Schiro. He was convicted and from an order denying his motion for a new trial, and from the judgment of conviction and sentence he appeals.

According to the testimony of the prosecutrix, a young Italian woman, early .on the morning of April 7, 1919, while she was proceeding to her work in the city of San Jose,i she was seized and forcibly placed in an automobile by three men, Salvador Giulia, Sam Mazzurco, and one Carcuffa. She was conveyed to the ranch of appellant some six miles from the scene of the kidnaping. When she arrived at the house she was taken inside by the three men already named, assisted by Mona Mazzurco, Mrs. Frank Mazzurco, and the appellant. She was dragged by these people into a bedroom, where she was left with Giulia. Once or twice after that all the parties came into the bedroom, and the appellant, together with the others, assisted in forcibly taking off her clothes. She was left with Giulia, the door being closed and locked from the outside.…