Swiggy

The defendant was convicted by a jury in the superior court of Sacramento County under an indictment charging him with the violation of the terms of section 270 of the Penal Code and he has brought the case to this court on an appeal from the judgment.

The testimony upon which the People principally relied for the support of the indictment was that of the wife of the defendant. Prom her testimony it appears that, on the first day of November, 1922, she for the first time met the defendant. She was at that time within a few days of being fifteen years of age. A few days after she first met and became acquainted with the accused he took her for a ride over what is known as the Natomas Boulevard, a highway leading from the city of Sacramento and extending a considerable distance from and north of said city. After traveling several miles, the accused had sexual intercourse with her. On a subsequent occasion, about five days from the time of the commission of the first sexual act, he again had similar relations with her. The girl shortly thereafter discovered that she was in a condition of pregnancy. On the thirteenth day of August, 1923, approximately nine calendar months from the…