People v. Branch

Defendant appeals from a judgment of conviction of the crime of rape as defined by subdivision 1 of section 261 of the Penal Code of the state of California. He also appeals from an order denying his motion for a new trial.

Appellant’s first specification of prejudicial error is that, over defendant’s objection, the prosecuting witness was permitted to state that she knew what was meant by the expression “sexual intercourse,” and that her subsequent testimony with reference to the alleged acts of defendant was based upon such assumed knowledge. The reporter’s transcript of the proceedings had…