People v. Ardaga
California Supreme Court
Appeal from the County Court, County of Los Angeles. The indictment charged Ismail Bomero, Creceucio Montez, and the defendants, with the crime of rape committed on the person of Delfina Leiva, on the 22d of November, 1875, at the county of Los Angeles. The prosecutrix, Delfina, was the only witness called for the people.
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Appeal from the County Court, County of Los Angeles. The indictment charged Ismail Bomero, Creceucio Montez, and the defendants, with the crime of rape committed on the person of Delfina Leiva, on the 22d of November, 1875, at the county of Los Angeles. The prosecutrix, Delfina, was the only witness called for the people. She testified that she went from Los Angeles to Wilmington on a pleasure trip, and stopped at the house of Manuela Buelina, and that she slept with her child, and that another bed in the same room ivas occupied by Frank Silva; that about twelve o’clock at night, while she…
1Opinion of the Court
By the Court:
The defendants were convicted of rape on the uncorroborated evidence of the prosecutrix, who admitted herself to be an unchaste woman. Her story is so grossly improbable on the face of it, as to render the inference irresistible that the jury must have been under the influence of passion or prejudice. In People v. Benson, 6 Cal. 221, the defendant was convicted of rape on the uncorroborated but positive testimony of the woman alleged to have been outraged; and in reversing the judgment, and ordering a new trial, this court said that the story of the woman was “ so improbable of…
2Cases cited2 opinions
- People v. BensonCalifornia Supreme Court · 1856
- People v. HamiltonCalifornia Supreme Court · 1873
3Cited by11 opinions
- Reeves v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Reidhead v. StateArizona Supreme Court · 1926
- People v. OganesoffCalifornia Court of Appeal · 1947
- Lind v. ClossCalifornia Supreme Court · 1891
- State v. TregoIdaho Supreme Court · 1914
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