Adams

The defendant was charged by information with the crime of rape committed by force and vio lence upon the person of a woman over the age of twenty-one years. He was found guilty by the verdict of the jury and appeals from the judgment and order denying his motion for a new trial.

The facts are very much in dispute and it would serve no useful purpose to recite in detail the testimony of the prosecutrix and the appellant, and those who corroborate them. It may be fairly said that the testimony established a growing intimacy between appellant and prosecutrix, who had been in his employ for some months prior to the alleged offense, covering a period of four or five weeks and evidenced by theater and dinner engagements and rides in appellant’s automobile, and declarations of love by appellant for prosecutrix. He flatly disputes her testimony relating to the alleged offense and says that what occurred while they sat in the rear seat of his Hudson brougham on Shandon Hill outside of San Bernardino city, at which time she says the offense was committed, might be described in the vernacular of youth as a “necking party.” Suffice it to say that there are incidents which strongly tend to…