People v. Bastio

[616]

ADAMS, P. J.

This is an appeal from a judgment of conviction of a violation of section 288 of the Penal Code of California, after trial by the court. Appellant makes two contentions, one, that the evidence is insufficient to show that the Superior Court of Sacramento County had jurisdiction of the offense, and, two, that appellant did not lawfully consent to waiver of trial by jury.

The facts of the case are as follows: Defendant was on terms of intimacy with one Rose Gonzales, who lived at 1221 G Street, Sacramento, with her two small daughters, Gladys, aged 8 years, and Gloria, aged 10 years. Rose Gonzales was employed as a taxi dancer at 418 K Street, and on May 23, 1942, defendant went to see her at her place of employment and arranged to meet her at the corner of 6th and K Streets after 3 a. m. when she finished work. About 2:45 a. m. he left the dance hall and drove in his car to her home. There he called the daughter Gloria to the door, and told her that her mother was in the ear and wanted to see her. The child, clad only in her nightgown, went to the car, which was parked about two houses down the street. Finding that her mother was not there she started back to the house, whereupon defendant grabbed her, put her into the car, and drove off. He drove first to a place known as Pete’s & Marion’s, on the 12th Street Road on the near side of the American River Bridge, but finding the place closing, drove across the bridge, and, according to the child’s testimony, “by some military place.” There he stopped the car and committed the offense charged, after which he returned with the child to her home, arriving there about 4:45 o ’clock in the morning.

In the meantime, Rose Gonzales, failing to find defendant at the meeting place designated by him, had returned to her home, and finding Gloria missing, had called the police. When Bastió and the child returned to her house, Rose Gonzales detained defendant until the arrival of police officers who took him into custody.

In a statement made by defendant to the district attorney, which statement was introduced at the trial, he denied that he had taken the child out of the city of Sacramento, alleging that he had merely driven around town looking for the mother. But he now contends that the evidence is insufficient to show venue in Sacramento County, that there is a “military place” in Sutter County, that the offense, if any, was committed in Sutter County, and that the Supe