People v. Cline

The defendants were convicted of the crime of rape committed upon the person of one Sumiyo Matsumura, a Japanese woman. The defendant Emory Cline moved for a new trial; his motion for a new trial being denied, the cause was appealed to this court.

Upon this appeal the only contention made is that the testimony is insufficient to show the commission of the crime of rape, and that the Japanese did not resist the attacks of the respective defendants to the extent required by section 261 of the Penal Code. No contention is made that the evidence is insufficient to justify the jury in finding that…