Currie

Defendant was tried upon an information for the rape of a female under the age of consent, was convicted and sentenced to imprisonment in the state prison for the term of eighteen years. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

The conviction rests upon the uncorroborated testimony of the prosecutrix, whose narrative of the facts is by no means conclusive but not such as to justify its entire rejection as “inherently improbable,” as it is characterized by defendant.. She testified that the crime was committed the 24th or 25th of February, 1908. She testified in chief that she was afterward examined by Dr. Rutledge and that he found her to be pregnant. She was asked on cross-examination to whom she first told of the assault, and replied: “Never told anyone; the doctor came and found out for himself. Q. Was that the first time Currie had ever taken any liberties with you? A. Yes, sir.” She testified that she gave birth to a child on October 31, 1908, at a hospital in Sacramento, and the attending physician testified to the date and also that the child “was full nine months old,” and that had it not been nine months old there…