People v. Rebolledo

MUSSELL, J.

Appellant was duly arraigned before a magistrate on charges of violation of section 288 of the Penal Code, and rape accomplished with a girl 10 years of age. At the time of his arraignment an interpreter was present, the complaint was read to appellant, he gave his true name and was informed of his legal rights. The preliminary hearing was set for and held two weeks later, at which time an interpreter was sworn to interpret and did interpret the testimony of some of the witnesses.

The evidence produced at the preliminary hearing shows that Ramona Tafoola, the prosecutrix, was walking home from school when appellant told her to get into his truck and he would take her home. He drove to some trees where he struck the girl and she lost consciousness. When she recovered some of her clothes had been removed, her dress was bloody and she was injured internally. Soon after the occurrence appellant was caught by Ramona’s grandfather, Pedro, and he told Pedro that he was guilty of attacking the girl. A medical examination disclosed internal lacerations and other injuries.

Upon this evidence appellant was held to answer for a violation of section 288 of the Penal Code. An information was filed in the superior court charging him with statutory rape and a violation of section 288 of the Penal Code. A motion to set aside the information was denied and appellant was tried and convicted before a jury. He appeals from the judgment and order denying the motion to set aside the informa

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tion and does not here urge error as to anything occurring at the trial but claims that the judgment should be set aside on the grounds that at the preliminary hearing he was committed without reasonable or probable cause that he had committed a public offense; that he was not advised of the charges against him, of his right to counsel, and of his right to cross-examine witnesses, and finally, he contends that the committing magistrate failed to appoint an interpreter in his behalf.

It is quite apparent that there was ample evidence at the preliminary hearing from which the magistrate could and did determine that there was reasonable and probable cause that appellant had committed a violation of section 288 of the Penal Code.