People v. Cook

PLUMMER, J.

The defendant was found guilty of an offense based upon subdivisions 1, 3 and 4 of section 261 of the Penal Code. From the judgment of the court following the conviction and the order denying a new trial, the defendant appeals, assigning as causes therefor, two grounds:

1st. That the evidence is insufficient to support the verdict of the jury;

2d. That the trial court committed error in refusing to properly instruct the jury after retirement.

That the evidence introduced at the trial is sufficient to support the verdict is beyond question, if believed by the jury. The prosecuting witness testified as follows: “He passed the store; I asked him if he was going to stop for

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the nickels; he said he would get them. He went up the road and stopped and asked for a kiss, and I said, ‘No,’ and he said, ‘We will take a ride’; and he continued on and he went over a dirt road; he got stuck there and I begged him to go home, and he said, ‘No’; he said, ‘No,’ and he pulled me over towards him and told me what he was going to do. I cried; I said, ‘I can’t do it.’ He said if I didn’t do it he would take me over to Sulphur Banks and drown me, and he said he could bury me alive in the sand and nobody would ever find me. I begged him not to, not to do anything to me, to let me go; and he said, ‘I’ll let you go but you will have to walk home.’ And I said, ‘I will walk home or do anything.’ And I went and ran up the hill. He yelled for me to come back, and he said, ‘If you don’t come back I will kill you.’ He ran after me and caught me; he twisted my arm back of me, and I said, ‘Please let me go’; and he said, ‘I will break it.’ He said, ‘I taught jujistics four years in the Fire Department; I can break your arm. Do you want to see me do it?’ I said, ‘No, please don’t do it.’ And he pulled me down the hill and put me in the machine; and I cried. He said, ‘Please don’t cry,’ and he put his hand on my mouth, and said, ‘Keep still or I will kill you.’ He took a bottle from the back of the machine and said, ‘I will hit you over the head if you don’t keep still.’ I begged and begged to please let me go. He said, ‘Keep still or I will knock you out.’ He said, ‘I have a monkey wrench in the back of the car; I will smash your brains out with that’; and he shoved me down and started making the attack. I begged him to stop, it hurt so, and he wouldn’t stop; and I begged him to let me go, to try and get me home, and he said, ‘All right.’ Then he tried to get the car started; he couldn’t get it started; he told me to go out and put rocks under the wheels, but ‘don’t try to get away’; and I put some rocks under the wheels. He told me to get in and drive it. I didn’t know how to drive; he told me how to put my feet on, and I tried to start it, but it wouldn’t start; and then he got me in the machine again and tried to attack me; he said the first time wasn’t good enough. I said, ‘Please don’t do it; it hurts terribly and pains’; and he said, ‘That is because you didn’t do enough the first time’; and he got out of the machine and tried to break a limb off a tree, and he picked up a rock and said,