Airola

The defendant was convicted of the crime denounced by section 261 of the Penal Code, the female being of the age of thirteen years. The only point made by the appellant in his opening brief is that the evidence is insufficient to support the verdict. There is no merit whatever in the contention. [1] The prosecutrix testified to facts and circumstances from which it is a rational inference that the defendant committed the crimes charged in the information. The jury undoubtedly believed that her statements as to material matters were worthy of credit, and we are not justified in saying that there is no legal foundation for such belief and the verdict in accordance therewith. The trial judge, also, on the motion for a new trial, had an opportunity to review the sufficiency of the evidence and he was satisfied that the defendant was properly convicted. We have no right, if we had the inclination, to interfere with the determination of the jury and the judge. The responsibility of determining the guilt or innocence of the accused was theirs, not ours. It is true that there are some inconsistencies and contradictions in the testimony of the prosecutrix, but that does not warrant us in…