People v. Moore

McCOMB, J. From verdicts of guilty on two counts of forcible rape after trial before a jury defendants appeal. There is also an appeal from an order denying their motions for a new trial.

The evidence being viewed in the light most favorable to the People (respondent) and pursuant to the rules set forth in People v. Pianezzi, 42 Cal.App.2d 265 [108 P.2d 732], the essential facts are:

At about 8:30 p. m. on September 12, 1946, the prosecuting witness, a widow 56 years of age, left her home in Long Beach in company with her nephew and walked several blocks to the ocean front. She had been having some trouble with her feet and had been making it a practice to wade in the ocean a little while every evening. Upon reaching the ocean the prosecutrix and her nephew removed their shoes and waded in the surf for approximately eight minutes, at which time they observed the two defendants, who were Negroes in Navy uniforms, standing on the sand, laughing at them. The prosecutrix and her nephew walked through the water toward a near-by amusement pier and defendants followed them. The prosecutrix and her nephew then turned back in the direction from which they had come and were again followed by defendants. At one point defendants walked into the water while wearing their shoes. The prosecutrix said to them, “What’s the big idea of coming out in the water [801]and getting all wet?” To this query defendants made no reply, whereupon the prosecutrix said, “You boys are in the service, aren’t you?” to which they said “Yes.” The complaining witness continued to talk with defendants, telling them that she was a mother and that she had boys in the military service and told them to be sure and write to their mothers, since she had been very much worried when she did not receive letters from her boys.

As the four walked along the beach defendant Daniels fell behind the others and struck the prosecutrix’s nephew, Mr. Heathcote in the back. The other defendant struck him in the stomach and Mr. Heathcote fell to the sand. Defendant Daniels then grabbed the prosecutrix, put his hand over her mouth, and forced her down into the sand, saying that if she would keep quiet and would not holler he wouldn’t hurt her. While she resisted and was in fear, he tore buttons from her dress and performed an act of sexual intercourse with her. During this period defendant Moore had beaten Mr. Heathcote into insensibility. Defendant Daniels then told the prosecutrix to continue to lie on the sand and that if she did not he would choke her, whereupon defendant Moore came over and commenced an act of sexual intercourse with the prosecutrix, telling her that he would “bash” her head in if she did not acquiesce in his demands. During the act a police siren was heard and both defendants left the scene of the crime, defendant Moore telling his victim not to holler or that they would come back and “take care of you.”