Bernon

This is an appeal from a judgment of conviction of the defendant upon a charge of rape alleged to have been committed by the defendant upon his daughter, Leona Bernon, a girl of the age of fourteen years, and from an order denying a new trial.

Mr. Mering (for the Appellant) : Your Honors, our contention is that the defendant was convicted on the uncorroborated testimony of an accomplice; the girl herself was an accomplice under People v. Robbins, 171 Cal. 466 , [ 154 Pac. 317 ], which was a case of the unmentionable crime on a boy sixteen years of age, and the supreme court said he was an accomplice. It would be exactly the same as with a boy—

The Court: If this girl was below the age of consent she could not have consented to this crime.

Mr. Mering: But the boy was below the age of consent.

The Court: Our statute does not make the rule of consent applicable to a boy as well as to a girl. The only application of the rule as to the age of consent is as to females. There is no doubt about that.

Mr. Mering: She cannot give consent to the crime. The girl herself testified that she had had intercourse with another young man. This shows the corruption of her mind. There is…