People v. Fredeen

California Court of Appeal Dec 11, 1950 No. Crim. 4530Published

Before: McCOMB

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Holding. The court held that there was substantial evidence to support the convictions, that the defendant received a proper trial on the issue of sanity, and that the trial court did not err in sustaining an objection to a question regarding a lie detector test absent an offer of proof.

Issues

Was there substantial evidence to sustain the trial court’s findings of guilty on each count?
Did defendant have a trial on the issue raised by his plea of “not guilty by reason of insanity”?
Did the trial court err in sustaining an objection to this question asked defendant on redirect examination, “Are you willing to go under a lie detector test?”

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The complaining witness testified as to her age, and that on four different occasions defendant had an act of sexual intercourse with her. Such testimony is sufficient to sustain the verdicts of guilty on the first four counts.”

“Defendant’s contention that the court did not conduct a trial and did not rule upon the issue of his sanity is without merit”

McCOMB, J.

After trial by the court without a jury, defendant was found guilty on four counts of rape and one count of violating section 288 of the Penal Code. Defendant was also found to be sane at the time of the commission of the offenses and sane at the time of trial. He appeals from the judgments of guilty.

The evidence being viewed in the light most favorable to the People (respondent) discloses that on four separate occasions defendant had an act of sexual intercourse with the complaining witness, a girl of the age of 13 years, and that on another occasion he committed an act prohibited by section 288 of the Penal Code.

Questions:

First:

Was there substantial evidence to sustain the trial court’s findings of guilty on each count?

This question must be answered in the affirmative. (1) The complaining witness testified as to her age, and that on four different occasions defendant had an act of sexual intercourse with her. Such testimony is sufficient to sustain the verdicts of guilty on the first four counts.

(2) The complaining witness testified that on another occasion defendant started to have an act of sexual intercourse with her but did not finish. However, he touched her breasts and private parts. This testimony supported the trial court’s finding of guilty of the charge contained in the fifth count of the information.

Second:

Bid defendant have a trial on the issue raised by his plea of “not guilty by reason of insanity”?

This question must be answered in the affirmative. After testimony had been taken and defendant found guilty of the charges set forth in the information, the following colloquy took place between court and counsel:

“The Court: I will appoint Dr. Marcus to make a mental and psychiatric examination of this defendant.

“Mr. Mathews: Your Honor, I think he has already made one.

“Mr. Howard: That’s right, there is another issue here, too, not guilty by reason of insanity.

“The Court: Yes, we have to determine that. I did get the doctor’s report here. Do you have those reports, Mr. Clerk?

[107]

People v. Fredeen

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