PEOPLE v. SMITH

Docket No. 5595.

144 Cal.App.2d 84 (1956)

300 P.2d 149

THE PEOPLE, Respondent, v. ELMER STEVEN SMITH, Appellant.

Court of Appeals of California, Second District, Division Three.

August 21, 1956.


Attorney(s) appearing for the Case

Gladys Towles Root for Appellant.

Edmund G. Brown, Attorney General, and Joan D. Gross, Deputy Attorney General, for Respondent.


SHINN, P.J.

Defendant was convicted of the crime of forcible rape (Pen. Code, § 261, subd. 3), and appeals from the judgment and order denying him a new trial. The cause was submitted on the preliminary transcript with each side reserving the right to put on additional evidence. Defendant urges as a ground for reversal the insufficiency and inherent improbability of the evidence.

The prosecutrix, a 24-year-old housewife weighing 90 pounds, testified as...

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