People v. Evans

[850]

SHINN, P. J.

By information appellant was charged with and in a trial to the court was convicted of indecent exposure in violation of section 311, subdivision 1 of the Penal Code, it being alleged and upon the trial admitted by the defendant that he had previously suffered a conviction of the same section of the Penal Code. Appellant made a motion for a new trial which was denied. Probation was granted and an appeal was taken from the judgment and order denying a new trial. The case was tried upon the evidence received before the committing magistrate and further evidence adduced at the trial.

The first point on the appeal is “that the verdict was contrary to the evidence.” It is argued with a measure of plausibility that the testimony of the complaining witness to whom we will refer as “Suzanne” was contradictory and lacking in consistency. She was 14 years of age; she testified at the preliminary and also at the trial; her testimony was given glibly and, we must say, with a measure of exaggeration. She testified that on six occasions she saw defendant’s ear parked at a curb as she passed by and that “. . . he always used to make obscene faces. ... I

always

used to come down Santa Barbara and turn down Bronson before, and he

always

used to be seated there . . . that

always

happened when I was getting home from the store ... he has followed me to the shows on Saturday afternoons. . . . Every time I saw him, I always ran home because I was scared. . . . I just knew exactly what he was thinking ... he was pointing and I guess he wanted me to come in with him- . . . after the first time I was sort of getting used to him, because I saw him around the street. ... I was getting very familiar with seeing him

every

time I used to walk any place, I would see him. He would follow me to the show even.”

It was charged that the offense was committed August 21, 1954. The witness testified that she had been followed by the defendant in previous months and also in January or February of the following year. Some two weeks after the alleged occurrence in September she reported the matter to the police. Describing the occurrence which led to the accusation Suzanne testified that she saw defendant sitting in the driver’s seat of his ear while it was parked at the curb; she was about 15 feet away; she looked in the window and he was pointing to her to come in; two ladies were ahead of her and- they started laughing and “I was scared; I turned my head away and then I saw those ladies laughing