People v. Lay

Elmer Lay was convicted after a court trial of the crime of forcible rape. Upon his appeal he attacks the sufficiency of the evidence to support the finding of guilt.

Defendant Lay, a tailor and presser by trade, is 30 years of age, married and living with his wife. He was driven to a café in Culver City by a neighbor, one Bullerdick, at about 8:00 p. m., and spent some two hours there drinking beer. Bullerdick left the café in the meantime and did not return. The prosecutrix, 27 years of age, weighing 110 pounds, and married to a soldier who was overseas, entered the café at about 10 o’clock…