People v. Nieto

Appellant Esus Nieto was jointly charged, with one Alec Frates, as having committed the offenses of rape and kidnaping. The information contained two counts, the first charging the rape and the second the kidnaping. Upon arraignment each defendant pleaded not guilty and waived a jury. Trial was had before the court and both defendants were found guilty on each of the two counts charged. Motion for a new trial was made by each defendant and denied. Motions for probation followed, which motions were likewise denied, and the defendants were sentenced to San Quentin for the period prescribed by…