People v. Little

BARNARD, P. J. The defendants were charged with conspiracy to commit the crime of pimping in Count I of an indictment, alleging seven overt acts between April 26, 1955, [515]and May 7, 1955. In Count II both were charged with the crime of pimping committed on April 28; in Count III, Collier was charged with the crime of pimping committed on May 5; in Count IV Little was charged with the crime of rape; and in Count V Collier was charged with the crime of rape. All of the alleged offenses involved the same young woman, who was 17 years of age. A jury found the defendants guilty of conspiracy as charged in Count I; found each guilty of rape on the applicable count, recommending imprisonment in the county jail; and found them not guilty of the crime of pimping as charged in Counts II and III. They were sentenced to jail on the rape counts, and to prison on the conspiracy count. They have appealed from the judgment, and from an order denying their motion for a new trial.

It is contended that the evidence does not support the conspiracy conviction in that there was no sufficient corroboration of the testimony of the prosecuting witness, who was an accomplice. It is argued that nothing appears in this connection except that the defendants registered the prosecuting witness at three motels during this period, with one of the defendants, in each instance, registering as Mr. and Mrs. Miller; and that this is not sufficient to connect them with the crime of pimping unless it is aided by the testimony of the prosecuting witness. While it must be conceded that the corroboration was very slight, the testimony of the defendants as to their activities with the prosecuting witness during this period, and the reasons therefor, was somewhat unsatisfactory, and it could probably be held that there was sufficient corroboration under established rules as set forth in People v. MacEwing, 45 Cal.2d 218 [288 P.2d 257].

Appellants’ main contention is that the court erred in limiting their cross-examination of the prosecuting witness, thus preventing them from bringing out important matters affecting her credibility; that this was necessarily prejudicial; and that the rulings in this connection had the practical effect of destroying their defense. It is argued that a report was made by the prosecuting witness to the Oceanside police department and the Marine Corps authorities on May 11, in which in addition to the charges here involved she accused the defendant Collier of committing an armed robbery in San Diego, of planning a robbery in Nevada, of being engaged in the narcotic traffic, and of killing two of her former girl friends “because they wouldn’t stay in line”; that Collier was arrested on May 12; that on May 12 or 18 the prosecuting