People v. Austin

In both of the first two counts of an information the appellant was accused of the crime of rape. (Pen. Code, § 261, subd. 3.) In the third count, the offense charged was a violation of section 288a of the Penal Code. He waived his right to trial by jury. The trial court found him to be guilty as charged in each count and he was sentenced to imprisonment in the state prison. His appeal is from the judgment.

With respect to the first charge, the appellant concedes that the evidence was sufficient to establish that the crime of rape was committed by someone, but he contends that the proof was…