People v. Carpenter

McMUKRAY, J. pro tern. *

This is an appeal from an-order denying a motion for new trial and from the judgment entered upon the jury’s verdict of guilty of violating section 288 of the Penal Code.

Viewing the evidence in a light most favorable to the People (respondent) the facts are that on July 2, 1954, defendant, a 64-year-old man, committed rape upon the person of an 8-year-old girl who made no outcry or complaint at the time of the offense nor until a vaginal infection was discovered on July 7, 1954, at which time she was examined by a physician.

The act took place in a toilet on the back…