Rambaud

The defendant was tried and convicted of the crime of rape on an information charging said offense under subdivision 1 of section 261 of the Penal Code and appeals from the judgment.

Upon this appeal the defendant assigns the following grounds for reversal: 1. That the court erred in refusing to allow the defendant’s challenge for cause in two instances; 2. That the court permitted the People to exercise peremptory challenges and excuse two prospective jurors after the defendant had exhausted his peremptory challenges; 3. That there is no evidence showing that Jennie Jackson, the rapee mentioned in the information, was not the wife of the defendant; and 4. That the court erred in refusing to follow the recommendations of the jury that the defendant be punished by confinement in the county jail and in sending the defendant to a state prison, notwithstanding the verdict of the jury.

The record shows that upon voir dire examination two of the veniremen were challenged for cause by the defendant, that these challenges were denied by the court, and that thereafter the defendant excused both of the challenged veniremen by exercising his peremptory chai lenges. The record further shows…