Chiappelone

The district attorney filed an information against the defendant charging him with having committed the crime of rape “on or about the 25th day of October, 1926,” on, the person of a little girl of the age of eleven. The defendant appeared and pleaded not guilty. The trial was had in the lower court before the court sitting with a jury. The jury returned a verdict which was against the defendant. He made a motion for a new trial. The motion was denied. From the judgment entered on the verdict and from the order denying his motion for a new trial the defendant has appealed.

Some evidence was admitted tending to prove that in July, 1927, the prosecutrix made a complaint to one of the police officers, Mrs. Sullivan, regarding the alleged assault of the defendant. He asserts the complaint was made at a date, which was too remote and that the evidence was not admissible. (People v. Lambert, 120 Cal. 170, 174 [ 52 Pac. 307 ].) When the prosecutrix was on the stand and at a time when she had told what the defendant had done she was asked: “Q. Did you tell Mrs. Sullivan about what you were telling us here now? A. Yes I did.” She was then asked four other questions which she answered,…