Todd

The defendant was charged hy information with the crime of statutory rape. He was tried, convicted, and sentenced to twenty-five years’ imprisonment in the state prison at San Quentin. The present appeal is from the judgment and order denying defendant’s motion for a new trial.

While the evidence is contradictory in many respects and is not as satisfactory or convincing as might be desired, it cannot be said that it is not sufficient to sustain the judgment of conviction.

Defendant asserts that the court committed error in permitting the doctor who attended the prosecuting witness at the birth of the child resulting from the alleged acts of intercourse between her and the defendant, to testify to the manner of its delivery. This evidence was not elaborate, but was short and couched in technical terms; and we are unable to agree with the defendant that it contained anything that would tend in any way to arouse in the minds of the jurors a feeling of horror and indignation against the defendant. But even if the admission of this evidence may be said to be error, the court having later ordered it to be stricken out, and instructed the jury to disregard it, it will be presumed that…