People v. Livingston

A jury found defendant guilty of kidnaping (§ 207, Pen. Code) and rape (§ 261, subd. 3, Pen. Code); the court struck the allegation from both counts that he had been armed with a deadly weapon, a knife. Defendant’s motion for a new trial was denied. He appeals from the judgment. The purported appeal from order denying the motion is dismissed.

We view the evidence in a light most favorable to the judgment. (People v. Sweeney, 55 Cal.2d 27, 33 [9 Cal.Rptr. 793, 357 P.2d 1049].) Around 2 a.m. on July 28, 1965, Mrs. Robinson was in a telephone booth at 59th and Normandie using the telephone when…