People v. Calkins

WOOD (W. J.), J.

Defendant was convicted at a jury trial on the charge of contributing to the delinquency of a minor. He has appealed from the order denying his motion for a new trial.

It is charged in the information that defendant “did willfully and unlawfully allow and assist one Betty Bradrick to remain away from home and hide from her family for a period of several months, by living at the home of said defendant, Franklin Sewart Calkins, and the said Betty Brad-rick went under the name of Calkins and posed as the stepsister of the said Franklin Sewart Calkins, and the said Franklin Sewart Calkins did deny to the brothers of the said Betty Bradrick that he knew where Betty Bradrick was, when in fact the said Franklin Sewart Calkins had knowledge of the whereabouts of Betty Bradrick at all times; the said Betty Bradrick being a minor of the age of fifteen years and not being in any way related to the said Franklin Sewart Calkins. ” It is further charged that these acts of defendant “did thereby then and there manifestly tend to and did encourage, cause and contribute to the said Betty Bradrick becoming and remaining such a person as is described in section 700 of the Juvenile Court Law, to-wit, a person under twenty-one years of age who is leading, or is in danger, from any cause, of leading an idle, lewd, dissolute and immoral life.”

[35]

It is contended by defendant that the evidence is insufficient to support the conviction. From the evidence presented by the prosecution it appears that Betty Bradrick, a girl 15 years of age, had been living with her mother and older brothers. In June of 1940 she left their home and went to the cottage of defendant, who was then 35 years of age, in a bungalow court at 1720 Lemon Street, Alhambra. She stated that she wanted to leave home and that she had long been in love with defendant, who intended to marry her. Defendant told her to return home but she refused to do so and for about six weeks she lived at defendant’s cottage. There were three rooms in the cottage, a living room, kitchen and bed room. Betty did not let her relatives know where she was during the period she stayed with defendant. A man named Wallace lived in the same cottage with defendant and Betty during two weeks of the period in which Betty resided with defendant. Wallace stated that during part of this time he slept in the living room and Betty and defendant slept in the bed room, the door of the bed room being closed. Betty assumed the name of Betty Calkins and defendant told Wallace that she was his step-sister. While she was living in defendant’s house Betty did the cooking and house cleaning. After about six weeks she left to seek work elsewhere and was “piclced-up” after she had been away from her home for about eight months. During this time a police officer and Betty’s brother tried to learn of Betty’s whereabouts but defendant told them that he did not know her whereabouts.