People v. Johnson

Defendant was accused by information of the crimes of rape and incest. The first four counts charged him with rape committed upon the person of a daughter then sixteen years of age, and counts 9 to 12, inclusive, charged the same acts as incest. Counts 5 to 8 charged defendant with rape committed upon the person of another daughter, of the age of fourteen years, all of said acts having occurred on and between September 1, 1928, and August 14, 1929. The jury returned verdicts of guilty on each of the sixteen counts on February 13, 1931, and defendant having also entered a plea of “not guilty by reason of insanity”, was by stipulation tried as to such plea on February 16th before the same jury, a verdict finding him sane at the time of the commission of the offenses charged being returned on such plea. Prior to pronouncing judgment the court on motion of defendant vacated and set aside the verdicts as to counts 1 to 8 inclusive, charging rape. From the judgments of conviction on the verdicts on the remaining eight counts, charging incest; and from the orders of the court denying his motion for new trial and his application for probation, defendant has appealed.

Appellant contends:…