People v. Shevette

DORAN, J. In a trial by jury the defendants Floyd E. Shevette, Richard Janeway, Frank M. Williams and Raymond A. Slavens were each convicted of conspiracy to commit forcible rape, of forcible rape and attempted forcible rape, and of violating section 288a of the Penal Code. The defendants’ motions to have case referred to the California Youth Authority, and for a new trial, were denied, as was an application for probation. Each defendant was sentenced to the state prison for the term prescribed by law as to each count, the sentences to run concurrently.

The grounds of appeal, as stated in appellants’ brief, are that, “I. The Court committed errors of law during the trial of the action. II. The judgment is contrary to the law and to the evidence. III. The evidence is not sufficient to sustain the verdict.”

It appears from the record that Patricia McAuley, aged 17 years, complaining witness herein, accompanied by a friend, Lois WycofE, left the Wyeoif home about 7 p. m. on February 9,1949, and by public conveyance went to the 1 ‘Roller Center, ’ ’ a skating rink in South Gate, California. The two girls left the rink about 10:45 p. m. and while waiting for a bus, the four defendants and two other boys drove up in a two-door sedan. The defendant Williams, whom Patricia had known before, asked for a match which Patricia supplied. The girls were then invited to ride home, and upon being told that two of the boys would be dropped off at a hot dog stand, got in the car. Patricia sat on Williams’ lap in the back seat; Lois sat on another occupant’s lap in the front seat.

The defendant Shevette, who owned the car, was then driving; later, after leaving the two boys at the hot dog stand, the defendant Janeway drove the car in the general direction of the girls’ home. Against protests that the girls had to go home the car was driven past the proper street and into a cemetery at 162d Street and Central Avenue. It was then [784]stated that the car would not start, and it was here that the alleged crimes were committed.

Slaven then suggested that he wanted to have sexual intercourse ; Lois refused and Janeway said “that they would beat me up if I didn’t do it.” Lois Wycoff testified, “I told them I was sick. . . . then Shevette said I would have to prove it,” otherwise “they would slap me around.” Shevette then accompanied Lois a short distance away, and after being shown proof of menstruation, “He said he was sorry.” Miss Wycoff desired to return to the car for the purpose of ascertaining whether the complaining witness was all right but was discouraged from so doing, and was kept at a distance by Shevette until the various assaults had been completed.