People v. Logan

Citations

• 123 Cal. 414
• 56 P. 56
• 1899 Cal. LEXIS 1087

Syllabus

<p>Obiminal Law—Rape—Support of Verdict—Conflicting Evidence— Circumstances of Offense.—Upon the trial of a defendant accused of rape, if the evidence of the prosecuting witness is sufficient to support the verdict, the truth or falsity of her evidence is matter for the jury, and a verdict of conviction will not he disturbed, notwithstanding conflicting evidence for the defendant, and notwithstanding the circumstances and conditions forming part of the res gestae of the offense are unusual, and not entirely convincing.</p> <p>[d.—Continuance—Illness of Defendant’s Wife—Delay of Application—Impanelment of Jury.—Where the prosecuting witness, a large, strong girl of fourteen years of age, claimed that the rape was committed while she was sleeping with the wife of the defendant, if the defendant had applied for a continuance on the ground of the illness of his wife and her inability to attend the trial, before the jury was impaneled to try the case, the continuance should have been granted; but where the defendant delayed such application until after the jury was impaneled, and then asked for a continuance of two months, the court was justified in refusing the continuance.</p> <p>Id.—Peremptory Challenges—Stare Decisis.—Although, if the question were an open one, it might be held that a defendant charged with rape is entitled to twenty peremptory challenges, on the ground that the punishment may extend to imprisonment for life, this court stands by its previous decisions determining that such a defendant is entitled only to ten peremptory challenges.</p>