People v. Donelson

This is an appeal from a judgment of conviction of rape.

In an information filed in Los Angeles January 22, 1968, defendant was charged with forcibly raping Thelma Lewis on December 30, 1967. Defendant pleaded not guilty. In a non jury trial defendant was found guilty as charged and sentenced to the state prison. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: at about 3:30 a.m. on December 30, 1967, Thelma Lewis was awakened from her sleep when a light in her bathroom was turned out. Mrs. Lewis called out her daughter’s name and then heard an affirmative grunt…