People v. Carner

Defendant was convicted of the crime of forcible rape (Pen. Code, § 261, subd. 3) and appeals from the judgment and order denying his motion for a new trial. Defendant does not dispute the sufficiency of the evidence to support the verdict of the jury but contends that reversible error was committed by the trial court in the improper admission of evidence and in an erroneous instruction to the jury.

It appears from the record that the defendant, Fred Garner, spent the late afternoon and evening of June 30, 1955, drinking at a Fairfield tavern. He left the inn at about 10 p.m. and drove to…