151 P. 748 | Cal. Ct. App. | 1915
Appellant was convicted of having committed the infamous crime against nature and was sentenced to serve a long term of imprisonment in the penitentiary. He appeals from the judgment.
The defendant not only denied having committed the offense with the complainant, but denied that he knew or was acquainted with the complainant at all. As to such matters the issue presented by the conflict of testimony was one which the jury was called upon to decide, and no review as to the sufficiency of the evidence under such condition of the record can be had here.
After defendant had testified that he had no acquaintance with the complainant, the complainant was recalled and against the objection of appellant was allowed to testify that prior to the day fixed in the information upon which it was alleged the crime had been committed, appellant had had similar relations with the complainant as those included within the charge. It is urged that any testimony tending to show that appellant had committed similar or distinct offenses was inadmissible and that appellant was prejudiced by the court's ruling in his right to a fair trial. Under the general rule it may be conceded that such proof would be properly subject to objection made. However, in cases involving sex relations the courts have always recognized the right of the prosecution to introduce such proof as corroborative of the main charge. The decision in the case of People v. Koller,
The judgment is affirmed.
*167Conrey, P. J., and Shaw, J., concurred.