People v. Mazzurco

The appellant was charged with the crime of rape, in that he assisted and abetted one Salvador Giulia, in the commission of an act of sexual intercourse, accomplished by said Giulia, with force and violence upon Mary Schiro. He was convicted and from an order denying his motion for a new trial, and from the judgment of conviction and sentence he appeals.

According to the testimony of the prosecutrix, a young Italian woman, early .on the morning of April 7, 1919, while she was proceeding to her work in the city of San Jose,i she was seized and forcibly placed in an automobile by three men,…