People v. Davidson

DORAN, J.

Appellant, charged in an information filed by the district attorney with the crime of rape committed February 27, 1937, on a fifteen year old girl, was convicted by a jury and sentenced to one year in the county jail. He appeals from the judgment and from an order denying a motion for a new trial.

Briefly, the evidence supports the following statement of facts: Since their marriage in 1929, appellant and his wife, and her two daughters by a former marriage, had made their home together' in Los Angeles. The two stepdaughters of appellant, Jane and Garnet, at the time of the alleged offense, were aged fifteen and fourteen years, respectively.

On the night of February 27, 1937, defendant, appellant herein, after a late dinner, lay down on the davenport in his living room and went to sleep. His wife tried to awaken him when she went to bed, but failed to do so, and she told her daughter Jane to be sure and awaken him before she went to bed. Jane endeavored to do so but could not arouse him and she, too, went on to bed. Later, a little after 12 o’clock, Jane got up and went back into the living room and succeeded in awakening defendant. They talked for a few minutes and then defendant suggested that they go somewhere to eat. She put on her shoes and stockings and a long coat over her pajamas and they drove away in their automobile. According to Jane, she remonstrated with her stepfather about their not getting something to eat and her stepfather replied that there was no hurry and he continued

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driving, whereupon Jane fell asleep. When she awoke they were out in the hills with no houses in sight. It is at this point.that the alleged act of sexual intercourse took place on the back seat of the automobile. Jane said nothing regarding the occurrence until about March 15, 1937, when, in a heated argument with her stepfather in which she claimed he was persecuting her in connection with his continued criticisms of her delay, at various times, in getting home from school, she told him that if he did not keep out of the matter she would tell her mother about him, whereupon he undertook to chastise her with a “clothes stick”. Jane’s testimony regarding this was as follows: “I wanted to tell my mother, and he said he wouldn’t let me alone with my mother, and then I said I would tell her right in front of him and then he started after me.” At that point her mother appeared on the scene and told the defendant to leave Jane alone. In addition to the act of sexual intercourse upon which the offense is based, Jane testified that the defendant had been having sexual relations with her for about three years.