Jaramillo

The defendant was tried before a jury on an information charging rape with force and violence. The jury found a verdict of guilty as charged and from the judgment and the order denying a new trial the defendant has appealed on a typewritten record.

The prosecutrix was an unmarried female over the age of consent. She was born in Mexico, but had resided in the United States about six years. The defendant was also a native of Mexico, but the time of his residence in this country was not shown. For the facts of the occurrence the state relied entirely upon the testimony of the prosecutrix. This testimony is so contradictory in some respects and so fantastic and improbable in others that it is difficult to prepare a simple statement of the facts without comment or explanation.

As we understand her testimony the prosecutrix went with her father to defendant's home for the purpose of receiving treatments for sinus trouble. After her father left she removed all her clothes and permitted the defendant to massage her body with hot towels and an alcohol rub. Two days later she returned for the same treatment and permitted the defendant to love and caress her. He then told her that sexual…