People v. Hidalgo

Appeal from .judgment of conviction for violation of section 261 of the Penal Code and section 702 of the Welfare and Institutions Code, and from the order denying the motion for new trial.

Appellant does not question the sufficiency of the evidence to support the verdict of the jury, but bases his appeal on two grounds: (1) Alleged error by the court in omitting two of defendant’s proposed instructions; and (2) alleged misconduct of the prosecuting attorney.

The information charged defendant with violating section 261 of the Penal Code by an act of sexual intercourse with Johanna Nellen, a…