People v. Hyche

WHITE, J.

In an information filed by the District of Los Angeles County, appellant was accused of violating the provisions of section 288 of the Penal Code. Following entry of a not guilty plea, he was tried before the court sitting without a jury and found guilty. A motion for a new trial was denied, and this appeal is prosecuted from such order of denial and the judgment of conviction.

Stating the proven facts in the light most favorable to the prosecution, as we are required to do following a verdict or decision of guilt, we find in the record evidence that the prosecutrix, a ten-year-old girl, on August 26,1941, was seated with a girl friend in the Slauson Playground, watching a croquet game. Defendant was standing in back of the girls, leaning against a fence. It appears from the testimony that the two girls were sitting upon board seats, and the defendant shortly thereafter seated himself opposite them on the other side of the seats. The children were sitting on the top row and the defendant was sitting on the bottom seat. He commenced a conversation with the girls, asking them if they were sisters. The complaining witness was suffering from a sore jaw, and the defendant asked her several times about it and how the injury had occurred. He then put twenty cents in the hand of the prosecutrix, held her hand tightly, and then put his right hand on her leg below her knee,' asking

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her if she cared, to which she made no reply. Defendant then put his hand further up under her dress, asking if “Mona Lee” (the name of the prosecutrix’ girl companion) “would let him.” The complaining witness testified that defendant put his hand “quite a ways up my dress” and upon her bare skin. While engaged in these acts defendant admonished the children not to tell anyone. About that time a woman passed by with a dog, whereupon defendant left to get into his Just as he was about to start the vehicle, Mrs. Clara S. Keeler, chief director of the playground, came upon the scene and asked defendant what his idea was in giving the girl the money, to which he replied that the child had asked for it. In answer to the query of Mrs. Keeler, defendant stated that he had heard the children state that they were hungry and that he gave them the money with which to purchase something to eat. Upon her return home, the prosecutrix to her mother, as a result of which defendant was apprehended. The foregoing testimony of the prosecutrix was corroborated by her companion, who testified that she saw defendant put his hands on the complaining witness’ knee and thereafter move his hands up under her dress.