Cromeenes

Appellant was convicted of statutory rape. The cause was tried to the court, a jury having been waived.

On April 18, 1958, appellant was living with Marie Sutton, the mother of the complaining witness. He described Marie as his common-law wife. The relationship had existed for some time. He had a child by Marie. The complaining witness, 13 years of age, lived with the couple. The girl testified that on April 1, 1958, at about 9 p. m., and after she had gone to bed, appellant came to her bed and had intercourse with her. A few days thereafter she went to her grandmother and told her about the incident. On April 8th, she and her grandmother went to the district attorney’s office. Appellant was arrested April 9th in Sacramento where he was in jail for some minor offense. He made a statement to a police officer and a deputy district attorney of San Joaquin County, which *635 amounted to a complete confession. At the trial, after the girl had testified, the prosecution over defense objections introduced the confession of appellant in evidence and rested. Appellant testified that he did not have intercourse with the girl and that the statement he made to the officers had been obtained…