Castro

Defendant was convicted of the crime of rape, alleged to have been committed on one Carmen Mancha, a female aged about fifteen years. The appeal is from the judgment and from an order denying a motion for a new trial. It is contended that the evidence was insufficient to support the verdict and that the admission of certain testimony over objection and the giving of an instruction to the jury were prejudicially erroneous.

The crime was alleged to have been committed in the city of Monterey on or about October 5, 1925, and it was shown that the defendant had been acquainted with the child and her parents for some" time previous to that date. It was testified that the defendant had invited the child to visit the place where he resided, that visits were made, and that on the occasion in question she was accompanied by other girls about her age. These were called as witnesses for the prosecution, and. according to their testimony, the girl Carmen on this occasion—the date of which they fixed as October 5, 1925—went into a bedroom with the defendant, where she remained for several minutes. The testimony of Carmen Mancha as to the fact charged and the place of its commission was…