People v. Bell

The defendant was charged by information filed by the district attorney of Orange County with the crime of statutory rape. The jury returned a verdict of guilty and defendant appeals from the judgment and from the order denying his motion for a new trial.

The appellant assigns four reasons for reversal, as follows:

We shall dispose of the arguments in the foregoing order and turn our attention to the claim that appellant was not permitted to cross-examine the complaining witness or her father on pertinent questions. The record discloses that the prosecutrix, a girl of sixteen years, testified to the following situation: On the evening of May 26, 1928, she and appellant attended a party on board a boat called “The Vision,” lying in Newport Harbor. They went aboard between 8 and 9 P. M.; went down below with the others, of whom there were about six, and talked and drank whisky. Some time before 12 o’clock the complaining witness became sick and went on deck. About five minutes later the appellant followed her. They .sat and talked for a while. Appellant then went and got some blankets so that she could lie down. He then crawled in under the blankets with her and there accomplished…