Partrick v. Partrick

Defendant and appellant was accused by information in Stanislaus County of the crimes of rape and kidnaping. Just before the trial the kidnaping count was dismissed. Upon the charge of rape appellant was convicted, and from the judgment following and from the courts denial of his motion for a new trial he prosecutes this appeal. In support thereof he advances the following contentions: 1. The evidence relied upon by the prosecution is inherently improbable and worthy of no credence; 2. Newly discovered evidence required the granting of a new trial; 3. The district attorney was guilty of such prejudicial misconduct as to warrant a reversal; 4. Defendant by reason of the prevalent public agitation at the time of trial concerning sex offenses was denied a fair trial; and 5. The compelling of defendant upon cross-examination to admit prior felonies, though purportedly done for the purpose of impeachment, under the circumstances so degraded defendant and prejudiced the jury against him as to amount to denial of a fair trial.