People v. Weber

THE COURT.

Defendant was adjudged guilty by the court, a jury having been duly waived. Defendant was charged by information in the juvenile court with contributing to the delinquency of minors, an alleged violation of section 702 of “Welfare and Institutions Code” in that defendant, on or about February 5, 1947, “did willfully and unlawfully encourage and permit certain minors, to-wit, Edwin J. Willard, Delores Lane, Dorothy Legg and Timothy West, minor persons under the age of twenty-one years, to-wit, of the ages of 17, 16, 16 and 17 respectively, to use and occupy a barn containing a quantity of hay and located on the southwest corner of Pioneer and Center Streets, Nor-walk, for the purpose of committing sexual intercourse.”

The information was filed April 30, 1947; the trial was had on June 2, 1947.

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The record reveals that the defendant’s mother and father were the owners of and operated a small restaurant or lunch counter in the town of Norwalk; they also sold hay. Their son is the defendant who is 20 years of age.

The defendant testified:

“Q. How long have you been working in the restaurant there ? A. Ever since I was a little boy.

“Q. Practically all your life? A. I lived there all my life, and I was gone for a little over two years, I was in the Navy, and I come back and started helping my parents again. ’ ’

The alleged offense occurred in the restaurant. On the afternoon of the day in question, about 3:30 p. m., three boys and three girls were at the restaurant lunch counter, their ages ranging from 16 to 18 years. The evidence, taking into consideration the conclusions of the witnesses and replies to questions that called for hearsay, reveals that the three boys were lamenting the fact that they had no “car.” One of them testified, referring to the conversation among them,

“A. Well, I said if we had a car we could take the girls out and ‘make’ them in the car.

“The Court: ‘And “make” them in the car’? A. Yes, sir.

“Q. By Mr. Bitzi (Deputy District Attorney) : Was the defendant, Joe Weber, in the cafe at this time? A. I believe so.