People v. Hunter

WOOD (Parker), J.

Defendant was accused of violating sections 288 and 288a of the Penal Code. In a trial by jury he was convicted on both counts. Proceedings were suspended and probation was granted. He appeals from the order denying his motion for a new trial.

Appellant contends that the testimony of the prosecutrix was inherently improbable and was insufficient as a matter of law to support the verdicts.

In October, 1956, Jo Anne, the prosecutrix, 9 years of age, lived on Graywood Street with her mother, stepfather, and two younger sisters. Defendant lived on the opposite side of that street and three houses farther down the street. He lived with his wife and 6-year-old son. On Saturday morning,

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October 27, 1956, Jo Anne, her sister, another little girl, and .defendant’s son were playing on the front lawn at defendant’s home. On that morning defendant cut the lawn.

Jo Anne testified that about noon of that Saturday defendant talked to her in the garage about going for a ride and he told her to meet him in front of a school (which was around the corner and about half a block away); he also said he would give her some money if she would “play nasty”; then she left her bicycle in the driveway of her home, and walked to the front of the school; defendant drove a blue automobile to the school, and she got into the automobile; he drove to a drive-in restaurant where he bought a hamburger and a malt for her ; after she finished eating, he drove to a place near a ditch where there, were bushes; they walked along the bank of the ditch and then got back into the automobile; then her clothes were pulled down, and he licked and rubbed her between her legs; while he was doing that he gave her some money; they got out of the automobile and went behind bushes; he told her to lick him between his legs; she did what he told her to do; he drove the automobile to a place which was about half a block from Jo Anne’s home, and she got out of the automobile ; at that place she saw Gary, a 9-year-old neighbor, and she talked with him about two minutes; she arrived home about 1:30 p. m. and told her mother what had happened, and she gave her mother the $1.75 which defendant had given to her; sometime after that day she went with Deputy Sheriff Wag-non, in an automobile, and she pointed out the streets and places where, according to her understanding, she had gone with defendant.