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District Court of Appeal, Second District, Division 2, California.

PEOPLE of the State of California, Plaintiff and Respondent, v. Mehnet OKUR, Defendant and Appellant.

Cr. 7188.

Decided: October 16, 1961

Mehnet Okur, in pro. per. Stanley Mosk, Atty. Gen., William E. James, Asst. Atty. Gen., Jack K. Weber, Deputy Atty. Gen., for respondent.

Tried without a jury, defendant was convicted of forcible rape and now appeals. Appellant's sole contention is that the presumption of innocence supported by his own testimony carries such weight that the testimony of the prosecutrix cannot prevail. That testimony is substantially corroborated but were the converse true the absence of corroboration would not be controlling if the court believed the victim's story. (People v. Soto, 155 Cal.App.2d 344, 345, 317 P.2d 1005; People v. Frye, 117 Cl.App.2d 101, 103, 255 P.2d 105; People v. Mayes, 66 Cal. 597, 598, 6 P. 691; People v. Gidney, 10 Cal.2d 138, 143, 73 P.2d 1186; Fricke on California Criminal Law, 7th Edition, P. 206.)

The victim's testimony is to the effect that she resisted defendant's advances until he beat her into unconsciousness during which period he satisfied his lust. His version is that there was mutually voluntary sexual intercourse. The trial judge obviously believed the prosecutrix and disbelieved defendant; the cold record discloses that he was amply justified in so doing.

Judgment affirmed.

ASHBURN, Justice.

FOR, P. J., and HERNDON, J., concur.