In Re Spiers

TUTTLE, J.

This is an appeal from an order of the Juvenile Court of Lake County denying appellant’s motion to set aside and modify an order made by said juvenile court placing Mary Spiers in the custody of the probation officer.

On July 18, 1936, a petition was filed in the Juvenile Court of Lake County, which contained the following allegations:

“That Estelle Spiers is the mother of said Mary Spiers; that the residence of said Estelle Spiers is Kelseyville, Lake County, California, and that said Estelle Spiers is now confined in the County Jail of the County of Lake; that the father of said Mary Spiers is dead; that at about the hour of two o’clock a. m., on the 4th day of May, 1936, the said Estelle Spiers did take said Mary Spiers to the cabin of James Buchanan, and did knowingly and wilfully permit the said Mary Spiers to remain at said cabin for a period of six days; that said cabin is situate on MeGough’s Slough in Lake County, and is approximately a half-mile distant from the nearest dwelling-house; that said cabin consists of one large room and a store-room; that at the time said Mary Spiers was so taken to said cabin, and during all the time said Mary Spiers was so permitted to remain at said cabin, said cabin was occupied by the said James Buchanan, and by no other person excepting Mary Spiers; that said Mary Spiers and James Buchanan during said six day period did cook, eat and sleep in said large room in said cabin; that said James Buchanan is a man about fifty-five years of age, and is not a relative of the said Mary Spiers or Estelle Spiers; that

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all of the aforesaid facts were known to said Estelle Spiers during said six day period; that on or about the 10th day of May, 1936, the said Estelle Spiers did wilfully and knowingly permit the said Mary Spiers to ride in an automobile alone with one Tom Smith, from the City of Santa Rosa, Sonoma County, California, to the town of Chowchilla, in Madera County, California; that said Estelle Spiers did wilfully and knowingly permit the said Mary Spiers to remain with the said Tom Smith at Chowchilla, California, for a period of about one week; that said Estelle Spiers furnished no money for the support or maintenance of said Mary Spiers during said period, and that said Mary Spiers had no money for her support, and said fact was known to said Estelle Spiers; that during said period, and wddle said Mary Spiers remained at Chowchilla, California, the said Tom Smith rented a room for said Mary Spiers; that for at least three days and nights of said period, said Tom Smith and said Mary Spiers cooked their meals, ate their meals, and slept alone in said one room; that during said period, and while said Mary Spiers and Tom Smith occupied said room alone, the said Tom Smith had sexual intercourse with said Mary Spiers; that said Tom Smith was of the age of about twenty-seven years, and is not a relative of either the said Mary Spiers or the said Estelle Spiers; that on the night of May 9, 1936, the said Estelle Spiers permitted Mary Spiers to ride in an automobile with two men throughout Lake and Mendocino Counties; that both men referred to were over the age of thirty-five years, and were in no way related to either Mary Spiers or Estelle Spiers; that said Mary Spiers and said men did not return home until one o’clock a. m. on the morning of May 10, 1936 ; that said Estelle Spiers, since the 1st day of January, 1936, has wilfully permitted and encouraged the said Mary Spiers to visit alone at the houses of men many years older than the said Mary Spiers, and has permitted the said Mary Spiers to ride about in automobiles with such men throughout Lake, Sonoma and Mendocino Counties, and has permitted said Mary Spiers to accept and receive gifts and presents from such men; that Mary Spiers has no parent or guardian actually exercising proper parental control over her, and said minor child is in need of such control.”