People v. Chain

THOMPSON, J.

This is an. appeal from a judgment of conviction on one count of violation of Penal Code section 261, subdivision 4, rape, and one count of violation of Penal Code section 288a. We affirm the judgment.

Stated in the light most favorable to the judgment, the record reveals the following. Appellant met Mrs. Patricia S., a widow, on the evening of April 2, 1970, at a restaurant-cocktail bar called Donkin’s Inn in Marina del Rey when she accidentally stepped on his foot. Mrs. S. and a girl friend joined appellant and two friends. Appellant bought drinks. The group proceeded to another bar. During the course of the evening, appellant made a date with Mrs. S. for dinner on the following Saturday night, April 4. The two left the bar separately. Appellant called Mrs. S. at her place of employment the following morning to confirm the date.

Appellant picked Mrs. S. up at her apartment. They proceeded to a restaurant where they met another couple, friends of appellant. Drinks were consumed before, with and after dinner. The other couple left for a movie. Appellant and Mrs. S. departed for a bar with music at about 11 p.m. They stayed at the bar about 20 minutes. Appellant then suggested they go to another bar near his apartment. Mrs. S. agreed. Appellant and Mrs. S. drove to his apartment where he parked his car. The two abandoned the thought of going to the bar and decided instead to go to appellant’s apartment to listen to a new record album. Appellant after failing to seduce Mrs. S. forced her to engage in an act of sexual intercourse after striking her with his fist and threatening to knock her out. Appellant also engaged in an act of oral copulation with Mrs. S. Mrs. S. ran partially

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clothed from the apartment early the next morning. She pounded on the door of a neighboring apartment asking for help. The police were called. The police arrived at approximately 6:15 a.m. They noted that Mrs. S. had no shoes, was in a state of partial undress, and was distraught. She took them back to appellant’s apartment. He was not there. Appellant was arrested and charged with the two offenses against Mrs. S. He was also charged with three other'offenses involving the attempted rape of Karen E. At a jury trial appellant admitted sexual intercourse with Mrs. S. but claimed the episode was a commercial transaction with consent. He explained the flight of Mrs. S. and her complaint to the police by his failure to loan her $50 as promised. He denied any act of oral copulation. Appellant was acquitted of the offenses alleged against Miss E., but was convicted of rape upon and oral copulation with Mrs. S.