People v. Claasen

[661]

VAN DYKE, P. J.

This is an appeal by defendant from a judgment based on a jury verdict finding him guilty of violating section 288a of the Penal Code. A consideration of the points raised on appeal requires a statement of the substance of the evidence.

Witnesses for the People testified to the following: On July 28, 1956, appellant said to Roger-, a 12-year-old boy whom he addressed on a public street in Areata, California, “How would you like to make a few easy bucks?” Roger asked him how he was to do this and appellant told him to follow him to his car and he would explain. The two went to appellant’s car and got in. Appellant started the motor and said “Let’s go out of town and talk.” The boy reached over and turned off the switch, saying “We can talk here.” Appellant said “I will give you a dollar to go with me for a half hour and two dollars to go with me for an hour and later on, why, you’ll start making thirty or forty bucks a week.” Appellant did not explain what he wanted Roger to do. Another boy approached appellant’s car and Roger asked appellant if the other boy could be let in on the work and was told “No, this is a one kid job.” Roger was somewhat frightened. He refused to go with appellant. Shortly thereafter Roger saw his brother David, who was 13 years old, get into appellant’s car and duck down as the car was driven into the street. A little later he saw him raise up and get into the seat. Roger met up with a companion and the two followed appellant’s car until they met a third boy and the three went to the police station. This third boy, one Gary -, testified that on the morning in question he saw appellant on a street talking to the brothers, saw him talking to Roger in appellant’s car, and walked up to the car. He heard appellant say something about a job. He heard Roger ask appellant if he could be let in on it and heard appellant reply “No, this is only a job for one.” After the three boys went to the police station Gary and Roger got into another boy’s car and went searching for David and appellant. They failed to find the two and again returned to the police station. Then Gary, the boy with the car and the third boy took up the search again and met appellant with David coming down the road from the direction of appellant’s cabin. They shouted at appellant to stop but he kept going, whereupon the boys turned about and followed. Appellant increased his speed until he was stopped by an officer.