People v. Casagranda

[819]

YORK, P. J.

Appellant was convicted by a jury of the offense of child stealing (defined by section 278 of the Penal Code), as charged in an information, to wit: that he wilfully, unlawfully, feloniously, maliciously, forcibly and fraudulently took and enticed away a five year old boy with intent to detain and conceal such child from his parents. Appellant admitted a prior conviction of the crime of larceny from the person, and prosecutes this appeal from the verdict of the jury finding him guilty of the crime charged, from the judgment of conviction, and also from the order denying his motion for a new trial.

The testimony of two witnesses for the prosecution was to the effect that in the afternoon of July 15, 1940, the child James was seen in company with appellant in the neighborhood where the parents of the child resided; that one of these witnesses was acquainted with the parents and a discussion which he had with them that afternoon resulted in the mother reporting the matter to the police department. Just before 6 o’clock in the afternoon of that day, four police officers went to room 208 of the Herald Hotel, knocked on the door and heard a child crying. The officers were refused admission and, since the door was locked, they kicked it in. Upon entering, they found appellant partly dressed standing in the center of the room, and the child standing a few feet from him.

The parents testified they were not acquainted with appellant, had never seen him prior to his arrest, and had not given him or anyone else permission to take their child to the said hotel on that day.

Appellant, when questioned after his arrest, denied he had taken the child to his room in the hotel and stated the child followed him; further, that he was drunk and did not know what he was doing.

Officer Gowling testified that he talked to the child in appellant's presence at the time of the arrest and “the boy said the man took him up to his room and then he wanted to go home, and the door was locked and he couldn’t get out.” This officer also testified that appellant appeared to have been drinking but he could not say whether or not he was drunk. Officer Andrews stated that appellant admitted he committed acts of degeneracy when he was drinking, but denied having touched the child James. So far as is shown by the record, the child was unharmed but frightened.