People v. Jackson

MUSSELL, J.

Defendant was found guilty by a jury of the crime of statutory rape in violation of section 261, subdivision 1, of the Penal Code as charged in an information

[788]

filed by the district attorney of Orange County. In the first count of the information the offense was alleged to have been committed on or about January 15, 1953, with one Barbara Jean Kelly, then under the age of 18 years, and in the second count defendant was charged with the commission of the same offense with Barbara Jean Kelly on or about April 15, 1953. A motion for a new trial was made and denied and defendant was sentenced to the Orange County jail in accordance with the recommendation of the jury.

Barbara Jean Kelly was 16 years of age at the time the offenses were committed and lived in Anaheim, California. She was a “baby sitter” in the home of defendant for a period of almost four years, sitting with defendant’s three small boys.

' Barbara testified that defendant had sexual intercourse with her on or about the dates specified in the information;' that the first act took place in the bedroom of defendant’s home and the second one took place in defendant’s automobile; that she had sexual relations with defendant approximately 20 times and that the first time was around January 15, 1953; that on this occasion Mrs. Jackson was not at home and the act took place at approximately 9 or 10 o’clock in the evening; that she had dinner with defendant and the three children and, with defendant’s help, did the dishes, picked up the children’s clothing and cleaned the bathroom; that she then went into the bedroom and had sexual intercourse with the defendant; that the second alleged act took place around 11:30 o’clock or midnight in defendant’s car after they had returned from a ride.

Defendant testified on his own behalf at the trial and admitted having written letters to Barbara Jean Kelly, which letters were found in the Kelly home and were read to the jury. In them defendant expressed his love for Miss Kelly, his intention to marry her and to share his bed with her. He admitted that occasionally he had taken her out in his car at night, alone, but denied that he had had sexual intercourse with her.

A reversal of the judgment is sought herein on the ground that the trial court erred in allowing leading questions on direct examination; that there is insufficient evidence to sustain the verdicts; that the court erred in ruling on the admission of evidence, in taking over the examination of the complaining witness, and in remarks made concerning her testimony.