98 P. 67 | Cal. Ct. App. | 1908
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *132 Defendant was convicted of rape committed upon a female child under the age of sixteen years. He appeals from the judgment and order denying a new trial.
The information filed, and upon which defendant was tried, charged that the offense was committed "on or about the 12th day of October, 1907." It is insisted that the information is defective because the precise time was not stated. This is not necessary under section
The charge of the court, "that the presumption that a witness speaks the truth may be repelled by his interest in the case, if any, or his bias or prejudice, if any," while it goes beyond section 1847, Code of Civil Procedure, is not therefore error. "It amounts only to telling them (the jury) that interest and bias may be considered by them in weighing the *133
testimony, as undoubtedly may be done." (People v. Amaya,
We see no error in the charge which instructed, "if you believe the prosecutrix, and are satisfied from all of the evidence in the case, beyond a reasonable doubt, of the defendant's guilt, then you should so find"; nor in that other charge, "that proof of any penetration, however slight, is sufficient in a case of rape." With reference to the latter charge, it may be said the crime of rape is defined by section
The omission of the word "sexual" as preceding the word "penetration" could not have been prejudicial. As said inPeople v. Rangod,
The proposition advanced, that section
An examination of the record discloses no prejudicial error therein, and the judgment and order are affirmed.
Shaw, J., and Taggart, J., concurred. *134