Converse

The defendant in this case was charged with the crime of rape upon his fifteen year old daughter. He was convicted of assault with intent to commit rape, and has appealed from the judgment and from the order denying him a new trial.

The witness Charley Converse having testified to certain circumstances which tended to discredit the complaining witness, it was proper for the people to show, as was done, that he told certain people that he knew that the defendant was guilty, but would not be “fool enough to swear to it in court.” This and other statements of the witness along similar lines went to the bias and credibility of the witness, and were therefore admissible in evidence, a proper foundation therefor having been previously laid.

Evidence of prior acts of sexual intercourse between the defendant and the complaining witness was properly admitted as tending to show tlm adulterous disposition of the defendant. (People v. Boero, 13 Cal. App. 687 , [ 110 Pac. 525 ] ; People v. Koller, 142 Cal. 621 , [ 76 Pac. 500 ] ; People v. Stratton, 141 Cal. 604 , [ 75 Pac. 166 ]; People v. Castro, 133 Cal. 12 , [ 65 Pac. 13 ]; People v. Price, 26 Cal. App. 544 , [ 147 Pac. 591 ].)

The case…