People v. Langlois

FILES, J.

Defendant appeals from a judgment wherein he was convicted of pimping and pandering in violation of sections 266h and 266i of the Penal Code. Count I of the information charged that defendant, knowing Rose Mary Heulett to be a prostitute, derived support and maintenance from the earnings of her prostitution. In count II defendant was charged with having induced her by threats and violence to become an inmate of a house of prostitution. The information further alleged defendant’s convictions of three prior felonies.

When the case came on for trial, defendant admitted the priors, waived a jury, and through his counsel stipulated that the cause be tried on the testimony given at the preliminary examination on May 3, 1962, together with any further evidence which either side might choose to produce.

The People rested on the transcript of the preliminary hearing. There Miss Heulett testified that she met defendant in June 1961 and began to live with him. Later he persuaded her to work as a prostitute. Her customary method

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of operation was to pick up a man in a café and use defendant’s automobile to drive to a “trick house” which had been arranged for by defendant, where the acts of intercourse took place. She gave defendant her earnings, with which he bought personal possessions for himself. Whenever she sought to terminate her work as a prostitute, defendant “would come and get me [and] I would get hit.” Eventually, in September 1961, she told defendant she was leaving. He became angry and struck her. She then complained to the police, at which time she ‘ ‘ told them everything. ’ ’ A Los Angeles police officer testified that on August 28,1961, he made a crime report based on statements of Miss Heulett.

Defendant testified that at the time in question he had been “dating” Miss Heulett and that she had sometimes used his automobile; but he denied telling her to become a prostitute, denied arranging for other men to have intercourse with her, denied receiving any money from her, and denied striking her.

Miss Heulett was subpoenaed to appear as a witness at the trial on September 14, 1962, but she did not appear. The trial court issued a bench warrant and offered to continue the matter so that she could be brought in. The judge noted that the defendant was out on bail and thus a continuance would not result in any additional confinement for him. Defendant’s attorney stated that he would withdraw his request that Miss Heulett be called. The case was argued and submitted, and the court announced its finding of guilty.