Cruz

A jury found both defendants guilty of kidnapping (Pen. Code, § 207) and of rape (Pen. Code, § 261, subd. 3). They appeal from the ensuing judgment.

At about 1 o ’clock a. m. defendants seized prosecutrix upon a public sidewalk in San Jose, placed her in their car, and drove about for some time. Each then accomplished an act of sexual intercourse with her, while the other forcibly held her. Some portions of the testimony of appellants suggest that prosecutrix did not object either to being placed in the car or to the acts of intercourse. However, there is ample testimony to support the implied findings of the jury against appellants upon these issues.

The sole contention on appeal is that the trial court erred in admitting testimony as to an event shortly preceding the seizing of prosecutrix. This evidence indicates that at about 11:30 o ’clock the same night defendants, in their automobile, followed a car driven by an unaccompanied woman (not the prosecutrix) from a point in downtown San Jose for a considerable distance. When this car turned into a lonely road outside the city, defendants twice attempted to block its progress by forcing it off the road. The woman driver was…