People v. Nobles

MOORE, P. J.

Appellant was accused by information of the district attorney of eleven felonies. By counts 1, 4, 7 and 10, he was charged with statutory rape, and was convicted of attempted rape under all four counts. By counts 2, 3, 6 and 9, he was accused of violating section 288 of the Penal Code and was convicted on those four counts. By counts 5, 8 and 11, he was accused of incest but of these he was acquitted.' Defendant waived trial by jury. His motion for a new trial having been denied, judgment was entered sentencing appellant to the state prison at San Quentin for the term prescribed by law on each of the eight convictions. But the language of the judgments is such that appellant is required to serve only four consecutive terms. Defendant appealed from the order denying his motion for a new trial and from the judgment of the court.

The contentions made on appeal are: (1) error of the court in admitting certain testimony, and (2) insufficiency of the evidence to support the judgment.

It will not be necessary to unfold the sordid details of a series of acts committed by appellant in his association with two girls, one of whom was his own daughter. From the brief

résumé

here recorded, one may readily perceive the loathsome facts, unhappily if not unwillingly recited by the two children to the trial court.

[424]

In the late fall of 1939, the wife of appellant, stepmother of Betty Nobles, was holding a revival meeting in a tent at Sunshine Acres. Bessie Cook, 15 years of age, visited the Nobles family and slept in a tent with Betty. Appellant slept in a house opposite the sleeping quarters of Betty and her friend. On one occasion, while Bessie was alone in the tent, appellant visited her as she lay in bed and, to abbreviate the story which was extended by reason of her unwillingness, she testified that at that time appellant pulled down her panties, touched her genital organs with his private parts and left “wet” upon her garment. This was sufficient to convince the trial court that appellant at least made an attempt at sexual intercourse with this girl. Bessie testified that on a number of occasions, he occupied the same bed with Betty and herself.