People v. Owsley

Appellant was charged by an information with the crime of rape, to which he pleaded not guilty. The jury found him guilty as charged and recommended that he be imprisoned in the state prison. This appeal is from the judgment of conviction and the order of the trial court denying his motion for a new trial.

At the time of the alleged act, Eleanor, the 13-year-old prosecuting witness, was visiting her sister Edna, the wife of appellant, in the latter’s home in Rohnerville, Humboldt County. Two or three days after her arrival it was agreed she could visit another sister, aged 16, who was staying…