People v. Neal

STURTEVANT, J.—

The district attorney filed informations against three defendants, Ray Neal, Robert Sams, and Louis May. In each of the informations each defendant was accused of five different offenses. Three counts were accusations of rape, section 261 of the Penal Code, one was an accusation of contributing to the delinquency of a minor, section 702 of the Welfare and Institutions Code, and one was an accusation of abduction for defilement, section 265 of the Penal Code. The charges against Neal and the charges against Sams were consolidated for the purposes of a trial. The jury returned five verdicts against the defendant Neal and he has appealed from the judgment.

The evidence demonstrated that one Janet McAngus, a previously married woman, seventeen years old, voluntarily, and apparently at her own solicitation, accompanied defendant and two friends to a bar on May 12, 1943. There is some dispute as to the amount of liquor consumed. Janet contended that they were not drunk. Some disturbance was created in the bar and Janet testified that Neal dragged her out by her hair. The boys testified that she did not wish to leave the bar because she wanted to continue drinking, but she was becoming noisy and they wanted to leave. They denied using force upon her.

Janet testified that she left the bar screaming and continued screaming as the ear drove down Mission Street and into the Bayview hills. On cross-examination she admitted however that although the car traversed a populated area, apparently no attention was attracted by her screams. The boys deny she made any outcry whatever.

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When they arrived at their destination in the hills, Sams and May, the other boys, left the car and Neal had intercourse with the complaining witness. Janet testified she was lying on the seat of the car; that the ear doors were open; that she was dressed in slacks and one leg of the slacks was removed, and that her underpants were also removed but were not tom.

Neal then left the car and Sams returned and had intercourse with the witness. She testified she was disrobed and lying down when he entered the car.

Sams then left the car and May entered. He attempted to have intercourse but when Janet asked him to stop he did so.

The boys then drove Janet to the home of a boy friend of hers and waited until she was admitted. They then drove off. A week or so after the alleged offense she voluntarily went out with May.