People v. Christian

WELLER, J.

Defendant was convicted of the crime of rape and appeals from the judgment and order denying his motion for a new trial.

The prosecutrix, a girl about thirteen years of age, was a schoolmate of defendant’s daughter, and was in the habit of visiting his home for some months prior to the commission of the offense. On several occasions defendant asked the girl to submit to his desires,, but she repeatedly refused, until on the 20th of June, 1919, he succeeded in accomplishing his purpose. The two girls came from school about noon on that day, the defendant arriving home shortly there

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after. According to the testimony of the prosecutrix, at some time during the afternoon Christian indulged in sexual intercourse with her, on the bed in his room. Defendant’s daughter stated on the stand that she saw the two sitting on the side of- her father’s bed, but that she did not witness the act. The prosecutrix further related the circumstances of several subsequent indulgences of a similar character, in Los Angeles. She also testified that in November of the same year she made a trip with defendant and his daughter to Calexico, where all three occupied one bed at a hotel, and that while there Christian more than once had carnal knowledge of her person. Defendant’s daughter was a witness to some of the later acts in Los Angeles, and also to the instances in Calexico.

Appellant raises two points upon which he relies as ground for reversal: (1) That the court erred in permitting testimony relating to subsequent acts; and (2) error in allowing evidence of a separate and distinct offense to be presented to the jury.

[1]

1. The rule is well settled in this state that in cases of this character, after the prosecution has selected the particular offense upon which it relies, and has introduced evidence in support of the charge, testimony of subsequent acts of the same nature between the parties may be received for the sole purpose of corroboration. Within these limitations proof of subsequent offenses is admissible to show the adulterous disposition of the defendant and as tending to sustain the charge alleged in the information.

(People