Charles

Defendant was accused in count 1 of attempted robbery; in count 2 of kidnaping; in count 3 of rape; and in count 4 of kidnaping for the purpose of robbery. In a jury trial he was convicted on the first three counts, and was acquitted on the last count. He appeals from the judgment.

Martha, the victim of the alleged offenses, testified that: On May 15, 1962, about 10:15 p.m., after she had alighted from a bus on Western Avenue near 47th Street in Los Angeles, and was walking toward her home which was about four blocks from the bus stop, a man came up back of her, told her to keep moving, and to give her money to him. She became frightened and dropped her books and purse. While she was picking up those things the man was pointing a gun at her. Then, as the man followed her, he ordered her to go into and along three alleys and finally into a place between two garages where he again demanded money. When she replied that she had no money, he said he would have sexual intercourse with her. She complied with his order that she undress, and he had sexual intercourse with her. He asked her many questions about her school, home, and various things. She said that she went to school every…