People v. Swanson

This is an appeal from a judgment of conviction of rape in violation of section 261, subdivision 3, Penal Code, and an order denying a motion for a new trial.

In an information filed in Los Angeles County defendant was charged with forcibly raping Guadalupe Hernandez on December 11, 1960. Two prior felony convictions (one of robbery) also were charged in the information. Defendant pleaded not guilty and denied the prior convictions. A jury trial was waived and by stipulation the cause was submitted upon the testimony taken at the preliminary hearing subject to the court’s rulings, with each…