People v. McMillan

FINCH, P. J.

The defendant appeals from the judgment of conviction herein of the crime of rape upon a girl of the age of fourteen years and from the order denying his motion for a new trial.

Appellant contends that the court erred in denying defendant’s challenge for cause interposed to one of the jurors on the ground of actual bias. The juror was subsequently challenged peremptorily by defendant. He thereafter peremptorily challenged other jurors and exhausted his ten peremptory challenges, but it does not appear that any juror who served on the trial was unsatisfactory to defendant. The facts are similar to those in the case of

People

v.

Schafer,

161 Cal. 573, 576 [119 Pac. 920, 921], where it is said: “While the record shows that the defendant did subsequently exhaust his ten peremptory challenges, it does not appear that he had occasion or desire to use an additional peremptory challenge, or that each and all of the twelve jurors finally accepted and sworn were not entirely satisfactory to him. . . . This is not enough to warrant reversal for error in the ruling on the challenge for cause.” To the same effect is the holding in

People

v.

Kromphold,

172 Cal. 512 [157 Pac. 599], In view of the authorities cited it is unnecessary to decide whether the ruling was error.

The court sustained objections to evidence of defendant’s reputation for truth, honesty and integrity and for peace and quiet. No element of force or violence was involved in the charge and no attempt had been made to impeach defendant as a witness. Appellant argues that, since the defendant squarely contradicted the testimony of the prosecutrix, the evidence offered was highly important to show that he was worthy of belief. The reputation of a

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witness for truth, however, cannot be supported by such evidence until it has been challenged by evidence produced by the party against whom he has testified. Evidence of his general reputation for traits of character involved in the charge against him may, of course, be given, but the evidence offered did not relate to such traits. The traits of character involved in a charge such as this are virtue, chastity and morality.