Cavanaugh

Defendant was convicted of the crime of rape and sentenced to serve a term of fourteen years in the penitentiary. He presented a motion for a new trial, which being denied, an appeal was taken from the order and also from the judgment. The information charged that the crime was accomplished by means of force, and that the prosecutrix was prevented from resisting because of threats made by the defendant that he would kill her; that defendant exhibited a loaded revolver and pointed it at the head of the prosecutrix as an evidence of his ability to carry out his threats. The prosecutrix was a married woman and lived with her four children in the lower part of the city of Los Angeles. She testified that at the time of the alleged assault, her husband was absent in another part of the state, and that she had as a roomer a young man who occupied a room in the upper portion of the house. She also stated that at the time of the alleged rape a lady friend was visiting her and was present in an adjoining room. She testified that she went to the door in answer to defendant’s knock and that he made inquiry regarding a room, claiming that he wanted to rent one, and that after showing him…