People v. Oganesoff

McCOMB, J.

After trial before the court without a jury defendant was found guilty of (1) three counts of forcible rape and (2) kidnaping. From each of the judgments he appeals.

The evidence being viewed in the light most favorable to the People (respondent) and pursuant to the rules set forth in

People

v.

Pianezzi,

42 Cal.App.2d 265, 269 [108 P.2d 732], the essential facts are:

At about 11:15 p. m. on August 30, 1946, Mrs. Allgood left the Vets Club in Gardena with defendant, who had offered to take her home. They entered defendant’s small truck and started driving toward Torrance. As they approached 182d Street defendant told her that he was going to take her over to his house to have a drink. She replied that she did not want a drink and a tussle ensued between

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them, during which she grabbed the steering wheel of the truck. Defendant hit her and told her to leave the ear alone, and then drove to his house. There Mrs. Allgood stated to defendant that she was not going to get out of the automobile. After some fighting she got out of the truck and started to scream and yell, whereupon defendant hit her in the face and broke her glasses. Mrs. Allgood started to cry and defendant kicked her. Finally they went into the house and defendant removed his clothing and told Mrs. Allgood that he was going to have intercourse with her. He had a knife with a blade about 5 inches long and informed her that if she did not take off her clothing he would kill her. They argued for some little time and the complaining witness told defendant that she was ill. He let her put on her shoes and stockings and they went outside together. When she was outside of the house she started to run across a field and endeavored to hide in a row of corn, but defendant found her and took her back into the house and made her go to bed and had án act of sexual intercourse with her.

Subsequently defendant had another act of intercourse with Mrs. Allgood. During both acts defendant threatened the prosecuting witness with a Imife which he had in his hand. Both acts of sexual intercourse were against her will and while she was in fear of defendant. Following the acts, defendant drank a large quantity of whisky and fell asleep, whereupon Mrs. Allgood left the house and encountered Mr. Wartanian and asked him to take her to the police. He replied that it would cause him trouble so he took her to her home. The following day Mrs. Allgood reported the entire matter to the Gardena police, who told her that the case was out of their jurisdiction and should be reported to the Torrance Police Department.