People v. Haywood, 280 P.2d 180 (Cal. Ct. App. 1955). · Go Syfert
People v. Haywood, 280 P.2d 180 (Cal. Ct. App. 1955). Cases Citing This Book View Copy Cite
45 citation events (1 in the last 25 years) across 4 distinct courts.
Strongest positive: People v. DeLoach (calctapp, 1989-01-12)
Treatment trajectory · 1955 → 2026 · click a year to view as-of
1955 1990 2026
Top citers, strongest first. 12 distinct citers.
discussed Cited as authority (rule) People v. DeLoach
Cal. Ct. App. · 1989 · confidence medium
(People v. Beeman (1984) 35 Cal.3d 547, 560 [ 199 Cal.Rptr. 60 , 674 P.2d 1318 ]; People v. Greenberg (1980) 111 Cal.App.3d 181, 185-186 [ 168 Cal.Rptr. 416 ]; People v. Roberts (1972) 26 Cal.App.3d 385, 387-388 [ 103 Cal.Rptr. 25 ]; People v. Haywood (1955) 131 Cal.App.2d 259, 261-262 [ 280 P.2d 180 ].) B.
cited Cited as authority (rule) People v. Chastain
Cal. Ct. App. · 1968 · confidence medium
(People v. Haywood, 131 Cal.App.2d 259, 261 [ 280 P.2d 180 ].) Hence conflicts and inconsistencies in the testimony of a witness are to be resolved by the fact-finding authority.
cited Cited as authority (rule) People v. Pilgrim
Cal. Ct. App. · 1963 · confidence medium
In People v. Haywood, 131 Cal.App.2d 259, 261 [ 280 P.2d 180 ], the court said: “It is, of course, fundamental that the credibility of a witness is for the determination of the trier of fact.
discussed Cited as authority (rule) People v. Bagley
Cal. Ct. App. · 1962 · confidence medium
(People v. Haywood (1955) 131 Cal.App.2d 259, 261 [ 280 P.2d 180 ].) “On appeal, the court is bound by the findings of the trial court, if there is substantial evidence, contradicted or uncontradicted, to support the conclusion arrived at in the court below.” (People v. Johnson (1955) 136 Cal.App.2d 665, 671 [ 289 P.2d 90 ].) The *486 record shows evidence clearly sufficient to support his conviction for attempted escape.
discussed Cited as authority (rule) People v. Swanson
Cal. Ct. App. · 1962 · confidence medium
(People v. Peters, 149 Cal.App.2d 94, 97 [ 308 P.2d 42 ] ; People v. Haywood, 131 Cal.App.2d 259, 261 [ 280 P.2d 180 ]; People v. Vicencio, 71 Cal.App.2d 361, 365 [ 162 P.2d 650 ].) In People v. Howard, 143 Cal. 316, 318 [ 76 P. 1116 ], it is stated in effect that sexual intercourse means sexual penetration.
discussed Cited as authority (rule) People v. Austin
Cal. Ct. App. · 1961 · confidence medium
(People v. Koontz, 171 Cal.App.2d 633, 634 [ 341 P.2d 815 ]; People v. Haywood, 131 Cal.App.2d 259, 261 [280 P.2d.180]; see People v. Alonzo, 158 Cal.App.2d 45, 47 [ 322 P.2d 42 ].) With respect to the subject of her resistance, it was for the trier of fact to *675 weigh the significance under the circumstances of her failure to make an outcry.
discussed Cited as authority (rule) People v. McGaughran
Cal. Ct. App. · 1961 · confidence medium
(See People v. Haywood (1955) 131 Cal. App.2d 259, 261 [ 280 P.2d 180 ] : The trier of fact “was entitled to accept as true the testimony of the complaining-witness on direct examination rather than the conflicting testimony which she later gave.” See also People v. Koontz (1959) 171 Cal.App.2d 633 [ 341 P.2d 815 ].) However, the other evidence in the case shows rather conclusively that that portion of her testimony (which she attempted to repudiate) which showed that defendant attempted to have inter *15 course with her that night, was true.
discussed Cited as authority (rule) People v. Love
Cal. Ct. App. · 1960 · confidence medium
Hence conflicts and inconsistencies in the testimony of an individual witness are to be resolved by the fact finding authority.” (Pe ople v. Haywood, 131 Cal.App.2d 259, 261 [2] [ 280 P.2d 180 ].) See also Bitsekas v. Parechanian, 67 Cal.App. 148, 153 [2, 3] [ 226 P. 974 ]; People v. Treggs, 171 Cal.App.2d 546, 550 [4] [ 341 P.2d 347 ]; People v. Huston, 21 Cal.2d 690, 693 [1, 2] [ 134 P.2d 758 ]; People v. Norman, 175 Cal.App.2d 348, 353 [3-10] [ 346 P.2d 221 ].
discussed Cited as authority (rule) People v. Moore
Cal. Ct. App. · 1958 · confidence medium
(People v. Haywood, 131 Cal.App.2d 259, 261 [ 280 P.2d 180 ].) The crime of forgery consists either in the false making or alteration of a document without authority or the uttering of such a document with intent to defraud.
discussed Cited as authority (rule) People v. Rodriquez
Cal. Ct. App. · 1955 · confidence medium
(People v. MacArthur, 126 Cal.App.2d 232, 238 [ 271 P.2d 914 ] ; People v. Haywood, 131 Cal.App.2d 259, 262 [ 280 P.2d 180 ].) In this case, defendant denied making the sale in question, hence evidence which tended to show his scheme and plan or pattern of operation in habitually selling narcotics tended to establish a fact material to the case of the prosecution.
discussed Cited "see" People v. Grunow CA2/6
Cal. Ct. App. · 2025 · signal: see · confidence high
We resolve neither credibility issues nor evidentiary conflicts; we look for substantial evidence.’” (People v. Letner and Tobin (2010) 50 Cal.4th 99 , 161- 162; see People v. Smith (2011) 198 Cal.App.4th 415, 427 [“While Doe’s testimony was internally inconsistent, it constituted 5 substantial evidence that defendant's molestation of Doe when she was eight years old involved substantial sexual conduct”].) People v. Haywood (1955) 131 Cal.App.2d 259 , is on point.
discussed Cited "see, e.g." People v. Walls
Cal. Ct. App. · 1978 · signal: see also · confidence medium
If there was any doubt as to whether penetration occurred, defendant’s counsel should have pursued that question further. [Citation.]” (P. 776; see also People v. Haywood, 131 Cal.App.2d 259, 261 [ 326 P.2d 539 ].) Defense counsel did not pursue the matter on cross-examination. 4 The Attorney General is correct in suggesting that Walls’ contention that the court erred in enhancing the sentence pursuant to section 667.5, subdivision (c), Penal Code because no prior prison term was alleged or proved, is based on a misreading of the record.
The PEOPLE, Respondent,
v.
ODELL HAYWOOD Et Al., Defendants; JUANITA ODELLIA HENDERSON, Appellant
Crim. 5244.
California Court of Appeal.
Mar 3, 1955.
280 P.2d 180
Gladys Towles Root for Appellant., Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Arlo E. Smith, Deputy Attorney General, for Respondent.
Fox.
Cited by 25 opinions  |  Published
[*260] FOX, J.

Defendant Odell Haywood was convicted of statutory rape, the victim being a 16-year-old girl. Defendant Juanita Odellia Henderson was convicted of the same offense on the theory that she aided and abetted her codefendant in the commission of this crime and was therefore a principal under the provisions of section 31 of the Penal Code. Defendant Henderson appeals from the ensuing judgment.

In the evening of November 18, 1953, Officer Cartwright observed Haywood and Mrs. Henderson, the mother of the prosecutrix, in the Cat and Piddle restaurant. Haywood left the restaurant and got into his car. A moment later Mrs. Henderson also left the restaurant and got into her car. She drove away and Haywood followed her. The prosecutrix lived with her mother in the city of Compton. Some 20 minutes after Mrs. Henderson arrived home Haywood came in. A young girl met him in the living room where her mother was engaged in a telephonic conversation. Haywood said hello to Mrs. Henderson. The girl and Haywood then walked past the mother into the bedroom. Haywood gave the girl a $10 bill which she placed in the medicine chest in the bathroom. She then returned to the bedroom where, she testified, she had an act of intercourse with Haywood.

The officers had followed the defendants to the Henderson home. They thereupon took up a vantage point where they could observe what took place in the bedroom. Although the Venetian blind was drawn, there was a crack through which it was possible to see inside the lighted room. The officers described the position of the girl and Haywood on the bed, the position with relation to each other, and Haywood’s movements. In a few moments they entered the house and went directly to the bedroom. They also related the physical condition in which they found Haywood.

On entering the house, one of the officers observed a $10 bill in Mrs. Henderson’s right hand. She moved the cushion on the sofa with her left hand and apparently • attempted to hide the bill. The officers, however, seized it while still in her hand.

The prosecutrix testified that a few months prior to November, 1953, her mother had caught her engaging in an act of sexual intercourse and was “quite mad.” Shortly after this incident, however, appellant told her she would bring the men. Thereafter men came to the house and had intercourse with the prosecutrix for money. They did not come by invitation of the prosecutrix but always arrived about[*261] 20 minutes after her mother came home. Appellant was in the house when the acts of intercourse took place. The prosecutrix placed the money given her by the men in the medicine chest. The money sometimes remained there but on other occasions it was gone when she returned. Appellant gave her money when she asked for it.

Appellant confessed her part in the offense to the police, but denied it at the trial.

Appellant’s first contention is that the evidence is not sufficient to support the judgment of conviction." Her theory is that the corpus delicti of the crime of rape was not shown, in that the essential element of “penetration” was not proved. There is no merit in this point. This element of the offense “may be proved by circumstantial as well as direct evidence.” (People v. Vicencio, 71 Cal.App.2d 361, 365 [162 P.2d 650].) Without reciting the details of what the officers saw when looking through the window and when they entered the bedroom, it certainly may be said that the trier of fact could clearly infer that an act of intercourse took place and that the element here in question was established. Furthermore, the prosecutrix testified on direct examination that she knew what an act of sexual intercourse was and that she had committed such an act with Haywood. This testimony disclosed there was penetration. Appellant, however, emphasizes that on cross and re-direct examination the girl gave contradictory testimony on this point. Eelying on this testimony, appellant asserts that “It would therefore appear to be conclusive that an act of sexual intercourse was not accomplished between Haywood and the complaining witness.” Such conclusion, however, does not necessarily follow. It is, of course, fundamental that the credibility of a witness is for the determination of the trier of fact. Hence conflicts and inconsistencies in the testimony of an individual witness are to be resolved by the fact finding authority. (People v. Frankfort, 114 Cal.App.2d 680, 700 [251 P.2d 401]; People v. White, 115 Cal.App.2d 828, 831 [253 P.2d 108]; People v. Ashley, 42 Cal.2d 246, 266 [267 P.2d 271].) Thus the trial judge was entitled to accept as true the testimony of the complaining witness on direct examination rather than the conflicting testimony which she later gave. (People v. Crawford, 24 Cal.App. 396, 403 [141 P. 824]; People v. Holman, 72 Cal.App.2d 75, 89 [164 P.2d 297].)

Appellant vainly argues that “the court erred in admitting evidence of misconduct between the complaining[*262] witness and third persons.” Her theory is that “other acts of sexual intercourse between the complaining witness and third persons would not tend to prove or disprove any of the material facts alleged in the information.” Appellant, however, misconceives the nature of the charge against her. It is based on the theory that she aided and abetted in the commission of the offense. The testimony of the prosecutrix revealed that appellant had stated she would bring men to the prosecutrix and that thereafter she did bring them; that these men arrived about 20 minutes after appellant arrived; that the men paid the prosecutrix $10 which she placed in the medicine chest; and that the money was sometimes gone when the prosecutrix returned to it. This testimony disclosed a plan, scheme and pattern identical with the appellant’s acts and conduct in the instant matter. Such testimony tended to show that appellant in fact furnished Haywood as a “customer” to the prosecutrix. The evidence was therefore clearly admissible. (People v. Woods, 35 Cal.2d 504, 509 [218 P.2d 981].)

The judgment is affirmed.

Moore, P. J., and MeComb, J., concurred.