Morrison

In this case the defendant is charged with having failed to provide for his minor child under section 270 of the Penal Code of California. He was found guilty and from the judgment and sentence thereafter pronounced he appeals.

The first ground relied upon for reversal is alibi and certain alleged erroneous instructions given by the court concerning the date upon which appellant maintains the prosecution must prove that the child was conceived.

[1] The prosecutrix, Marie L. Mooney, testified that she had sexual intercourse with the defendant in San Diego on the twentieth day of January, 1920, between the hours of 2 and 3 in the morning; that conception took place as a result of which the child was born. The defendant testified that at the time mentioned he was on the high seas and not in San Diego. Evidence both oral and documentary was introduced which corroborated the defendant in this regard. It must be clear that the record thus presents a direct and irreconcilable conflict in the evidence. Apparently the jury did not believe the testimony offered in support of the defendant’s alibi. They had the right to accept the statements of the prosecutrix as true. Their verdict shows…