185 P. 992 | Cal. Ct. App. | 1919
Upon an information charging him therewith, defendant was convicted of rape alleged to have been committed in Tulare County upon a female under the age of eighteen years, who was not his wife. Judgment followed, from which and an order denying his motion for a new trial, defendant appeals.
[1] The first point urged in support of a reversal of the judgment and order is insufficiency of the evidence to show that the prosecuting witness was not the wife of defendant. As in the case of People v. Bonzani,
[2] That the testimony of the prosecuting witness was competent to show that she was under eighteen years of age admits of no question. (People v. Ratz,
[4] It is finally claimed that the court erred in receiving in evidence a garment worn by the prosecuting witness at the time in question, upon which there were certain stains, the nature of which, however, was not shown. Considering the entire testimony, and conceding this evidence to have been incompetent, as claimed, the jury could not have been influenced thereby in reaching its verdict. However this may be, and conceding it was prejudicial, no objection whatsoever was made to the evidence when offered. Having failed by seasonable objection to direct the attention of the trial court to the alleged error, appellant's position in this court is not such as entitles him to complain of the evidence so admitted. (People v. Wilson,
We find no merit whatsoever in the appeal. The judgment and order denying defendant's motion for a new trial are affirmed.
Conrey, P. J., and James, J., concurred.