People v. Alvarado

GRIFFIN, P. J.

Defendant-appellant was convicted of violation of Penal Code, section 261, subdivision 3, and section 209, in that he forcibly raped Mary Chutnicut and kidnapped her for the purpose of robbery and caused her bodily harm. He was also charged with and admitted a prior felony conviction for assault by means of force likely to produce great bodily injury. He was found guilty of both counts charged and the jury fixed his punishment at life imprisonment in a state prison without possibility of parole.

The evidence shows that on June 11, 1962, about 1 a.m., Mrs. Chutnicut was driving home from Cox’s Café, a drinking and dancing establishment in San Luis Rey. Alvarado, who had seen her at the café, followed her in his car and caused her to stop her car by blinking the headlights on Ms car. She thought that it was her sister-in-law in her car, trying to convey a message to her. Then Alvarado Mdnapped Mrs. Chutnicut, took her purse with money in it, and forcibly raped her. We will omit the gory details related. Some time later, as she was walking along Santa Fe Avenue to obtain help, she came across some sheriff’s officers and described the defendant and Ms automobile. The description was very accurate and defendant was picked up a few hours later. Mrs. Chutmcut later picked defendant out of a police lineup. There was considerable evidence at the scene and other circumstantial evidence which fully corroborated Mrs. Chutnicut’s story and pointed undoubtedly to the defendant as the guilty person.

The defendant’s story was that he left Cox’s Café on the night in question and went straight home. He said that he got the scratches which, according to the story of the prosecutrix, were inflicted by her on his person, in a fight two nights before. Blood, allegedly from the prosecutrix, was found on Ms trousers. Defendant’s mother corroborated his story that he was at home at that hour and his brother said that he had been in a fight. Two other people also testified that they saw defendant in a fight at the time he claimed to have been scratched up.

On defendant’s cross-examination, the following questions were put to him:

“Q. Well, actually the only fight that you had this weekend was that with Mary Chutmcut, wasn’t it,

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