People v. Winters

Defendant-appellant was charged with and convicted by a jury of the offense of rape, a violation of section 261, subdivision 4 of the Penal Code, and robbery, second degree, violation of section 211 of the Penal Code, on October 19, 1957.

The prosecutrix, aged 22, about 5 feet 6 inches tall, weighing about 140 pounds, was living with her husband in Lemoore. On October 19, 1957, she left in her ear with her four children, ranging in age from 2 to 5 years, to visit her mother near Riverdale. On her return home that evening about 8 :45, her car ran out of gasoline. After waiting alongside the…