People v. Lew

WARD, J.

This is an appeal from a judgment of conviction of violating section 702 of the Welfare and Institutions Code, and from the order denying appellant’s motion for a new trial.

The information in the present case charged two causes of action: 1. Rape upon a female person under the age of eighteen years (Pen. Code, §261). 2. That the defendant registered at a hotel with a sixteen-year-old female, who was not the wife of appellant, and occupied the same room with her, thereby contributing to the female becoming and

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remaining a person who is leading, or from any cause is in danger of leading, an idle, dissolute, lewd or immoral life (Welf. & Inst. Code, §§ 700, 702). Defendant was acquitted of the rape charge and convicted on the charge of contributing to the delinquency of the minor. Defendant demurred on the ground that “the information does not state facts sufficient to constitute a public offense; that said information does not substantially conform to the requirements of sections 950 and 951 and 952 of the Penal Code of California; that said information contains matter which, if true, would constitute a legal justification or excuse of the offense charged.” The court overruled the demurrer and appellant pleaded not guilty. The grounds of the demurrer are without merit.

The prosecutrix is from a midwestern state. There she was married by “a preacher” during the year 1945, but remained with her husband only one night. Evidently no license was demanded, nor was any question of age considered. In the present proceeding the prosecutrix testified that she would reach the age of seventeen on July 10, 1946. The information alleges, and the evidence shows, that the offense was committed on March 21, 1946.

On March 8, 1946, the prosecutrix was living with her parents in Contra Costa County. On that date she returned from school and dressed for a “junior prom” to be held in an adjoining district. However, with four other girls and a boy, she attended a dance in a different district. After the dance she returned to her home town with two of the girls and the boy. From there she visited a nearby city alone, where she attended a midnight show. She then started home on a bus, San Francisco bound, which passed through her home town. On the bus she met one Lee Wong, who invited her to San Francisco to see Chinatown. They arrived in San Francisco at about 3:15 a. m. and proceeded to Wong’s apartment on Grant Avenue. The girl remained there for the night, sleeping on a couch in the dining room. Appellant, Tom Lew, and Lee Wong occupied the bedroom. The next day she had lunch with Wong, who gave her $5; she already possessed $7. That evening she had dinner with appellant, Tom Lew, and left by train for home. On the train she met a man and his wife, with whom she remained for several days. While with these people she procured, through the