People v. Boero

HALL, J.

Defendant was convicted of the crime of rape íor having had sexual intercourse with a girl under sixteen years of age, and appealed from the judgment and order denying his motion for a new trial.

It is first urged that the evidence was insufficient to justify the verdict. It is not claimed that the girl did not give evidence that fully supported the charge, but it is claimed apparently that the evidence was in itself unreasonable, because it appears that the act was committed in the presence and with the approval of the wife of the defendant.

But in addition to the evidence of the girl, the testimony of the landlady of the house was to the effect that she found the girl in the room of defendant and his wife, on the occasion in question, after defendant and his wife had gone to bed. Medical testimony was also given tending to show that the girl had had sexual relations with someone near to the time of the alleged offense. It was for the jury to determine as to the truth of the testimony in the first instance. The judge of the trial court, who also heard and saw the witnesses, has approved the verdict. We cannot say that, as a matter of law, the verdict is not supported by the evidence.

(People

v.

Moore,

155 Cal. 237, [100 Pac. 688].)

[688]

The court did not err in permitting evidence of other acts of intercourse between defendant and the prosecutrix, occurring before the act relied upon for a conviction. In prosecutions for adultery, incest and rape (especially when committed by consent upon persons under the age of consent) other acts of sexual intercourse between the same persons may be proven as showing an adulterous disposition, and thus corroborating- the evidence of the substantive charge.

(People

v.

Stratton,

141 Cal. 604, [75 Pac. 166];

People