Pearson

This cause was transferred to this court after *219 decision by the Court of Appeal, Second Appellate District, Division One. Upon a full examination of the record, we have concluded that the opinion of the Court of Appeal prepared by Mr. Justice Fourt (People v. Pearson (Cal.App.) 69 Cal.Rptr. 756 ) correctly disposes of the matter and it is therefore adopted as and for the opinion of this court, with the exception of one paragraph and some extraneous descriptive material which we have deleted. * The opinion follows:

This is an appeal from a judgment of conviction of rape (§ 261, subd. 4, Pen. Code) and of a violation of section 288a, Penal Code.

In an information filed in Los Angeles on October 11, 1966, defendant was charged in count I with raping Elena [] on September 7, 1966, and it was charged that defendant prevented the victim from resisting by threats of great immediate bodily harm accompanied by the apparent power of execution and force and violence; in count II it was charged that defendant feloniously and by means of violence, duress, menace and threat of great bodily harm compelled Elena [] to “participate in the act of copulating the sexual organ,” of defendant…