Garcia

Defendant was convicted of the crime of kidnaping. A motion for a new trial was denied. Defendant has appealed from the judgment and from the order denying the motion.

It may be stated at the outset that not only was the evidence showing the guilt of the defendant most ample and complete, but it showed further that the crime was accomplished in a particularly cruel and brutal manner. The facts may be briefly adverted to: About the 1st of June, 1921, Cruz Moreno Singh resided with her husband, Dewan Singh, at a point in Imperial County about six hundred feet from the Mexican border. She was a young woman and had been married about a month at the time of the occurrence hereinafter referred to. With her resided her young sister, aged sixteen years. The husband was engaged in farming, and on the day in question was at work a mile or more from his home. Late in the afternoon the appellant herein, in company with another man (both being Mexicans), entered the house where Mrs. Singh and her sister were, exhibited revolvers and a knife, seized Mrs. Singh and the girl and proceeded to drag them out of the house. The latter resisted to the utmost of their strength until finally one of the…