People v. Trawick

PEEK, J.

By an information containing two counts, appellant Trawick and his codefendant Copeland were charged with the crimes of rape and kidnapping. From the judgment of conviction and the order denying their motion for a new trial Trawick alone has appealed.

Summarizing the pertinent facts as disclosed by the evidence it appears that on the evening of February 11, 1946, at a point between three and four miles from the city of Fair-field, Solano County, the complaining witness was seated in the parked car of an Army captain with whom she had been riding that evening. Becoming frightened at the conduct of the captain she jumped from his car and ran across the highway to a car containing the appellant, Copeland, and a third man. In response to her request the three men stated they would drive her to her home in' Fairfield and she took her place on the rear seat in the car next to appellant. Copeland

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drove and the third man rode in the front seat with him. However, instead of taking her to Fairfield the car was turned off the highway in a direction away from that city. When she remonstrated and attempted to get out she was pulled back and forcibly restrained from leaving. During the ride occasional stops were made in the course of which both appellant and Copeland forcibly had sexual intercourse with the girl. She finally escaped and found refuge in a farm house.

Following their arrests each of the defendants made a voluntary statement to police officers. That of Copeland admitted the acts of intercourse but denied the use of force either in connection therewith or in the asportation. Trawick admitted having effected a slight penetration, and likewise denied the use of force. At the trial appellant repudiated, his statement as having been induced by improper means.

Trawick now contends that the evidence is insufficient to sustain a conviction under section 207, subdivision 3, of the Penal Code, which defines the crime with which he was charged. That section provides: ‘1 Every person, who forcibly steals, takes, or arrests any person in this state, and carries him into . . . another part of the same county, ... is guilty of kidnapping. ” It is his contention that there is no showing of a forcible carrying away, inasmuch as the complaining witness entered the car voluntarily, and that at no time was he driving the car. Appellant’s conclusion is not supported by the premises on which it is based. It is not necessary that the original accompaniment of the abductor be involuntary, if subsequently there is an enforced restraint of liberty.