Wright

The defendant was convicted of the crime of rape committed upon a girl of the age of nearly nine years. He has appealed from the judgment.

• The evidence, both direct ‘ and indirect, is in substantial and irreconcilable conflict. The testimony of a physician, who examined the girl a few days after the alleged act, is sufficient to show that some person committed the crime. The testimony of the girl, standing alone, is sufficient to show that the defendant committed a forcible rape upon her. It is deemed unnecessary to set out the testimony on account of the character thereof.

Appellant complains of the refusal of the court to give seven instructions requested by him. A careful examination of these proposed instructions and a comparison thereof with instructions given show that, with one exception, all rules of law stated in the proposed instructions were fully set forth in those given. In the excepted case, the instruction requested stated that “verbal admissions are to be viewed with caution.” The refusal to so instruct the jury was not error. (Hirshfeld v. Dana, 193 Cal. 142, 160 [ 223 Pac. 451 ].)

Mrs. James, the defendant’s mother-in-law, who is the mother of the…