People v. Tidwell

SCHOTTKY, J. pro tem.

Appellants were found guilty upon an information charging them with a violation of section 266f of the Penal Code in that they did “wilfully and unlawfully and feloniously sell a female person, to wit, Sue Willia Tidwell, for immoral purposes.” This appeal is from the judgment which followed said conviction.

The only witness in the case was Sue Willia Tidwell, the wife of appellant Tidwell. Neither of appellants testified. The facts, as testified to by Mrs. Tidwell, are substantially as follows:

She and appellant Tidwell arrived in Vallejo from Bakersfield on September 13, 1942, and moved into the home of her cousin, Mrs. Ward. That same evening they met appellant Johnie Smith at the “Knotty Pine,” a cafe where drinking and dancing were indulged in, and Mrs. Tidwell and her hus

[59]

band danced there. Between dances they sat at a table, and the defendant Smith came into the place and told Tidwell that he wanted to see him for a few minutes. They went outside but were not gone very long. The defendant Tidwell returned to the cafe alone and told Mrs. Tidwell to get her hat and coat as they were going for a ride. They went outside and got into a car in which two sailors were seated in the rear seat; defendant Smith drove the car and Mrs. Tidwell sat between Smith and her husband in the front seat. Defendant Smith drove to Smith’s house in Vallejo the entrance to which was through an alley. There was no conversation during the ride from the “Knotty Pine” to Smith’s house. Defendant Tidwell took his wife to Smith’s room which had in it a bed, a table, a two burner stove, a dresser, some suitcases and mirrors. The defendant Smith and the two sailors remained outside the room. This was about 9:30 o’clock p. m. Then defendant Smith entered the room and said to defendant Tidwell “It would be a swell setup and nobody would know anything about it.” At this point defendant Smith went out of the room and Mrs. Tidwell and her husband remained alone. Immediately after Smith’s departure Tidwell told his wife that she would have to sell herself to the sailors for money. She protested and then he struck her and told her she had to do it or. he would kill her, and that if she told anybody he would kill her, and that if he got caught he would have to go to the penitentiary. He then gave her instructions as to how to conduct her nefarious affairs with the sailors. He further told her that he could see no reason why he should work when he could make such easy money. Thereupon he went out of the room.