People v. Pappens

KNIGHT, J.

Two informations were filed against the appellant, Marie Pappens, each containing four counts, two charging the crime of contributing to the delinquency of a minor, and two charging the crime of pandering. The in-formations involved different girls, aged seventeen and sixteen years, respectively. The causes were consolidated for trial and a jury found appellant guilty on each of the eight

[546]

counts. Execution of sentence was suspended in one case and concurrent sentences of imprisonment in the Female Department of San Quentin prison, at Tehachapi, were imposed in the other. From said judgments of conviction and the orders denying her motions for new trial she has taken this appeal.

The sufficiency of the evidence to sustain the convictions is not questioned, and therefore only so much thereof will be narrated as will be necessary to make clear the legal points urged for reversal. It appears therefrom that appellant conducted two places in San Francisco known as the Dahlia Hotel and the Asia Hotel, which were used partially or wholly for the purposes of prostitution. The latter hotel was located in the so-called oriental district and was frequented by Filipinos, Chinese and other orientals. The girls involved in the cases arrived in San Francisco from San Pedro early in January, 1934. They were practically penniless, and soon after their arrival they came in contact with appellant, through whose instrumentality they were placed in these houses as prostitutes. The older girl had been an inmate of the Asia Hotel before, during the preceding June, but the younger girl had never before practiced prostitution; and appellant placed her in the oriental district. Later this girl attempted suicide and. was taken to the detention home, and the disclosures she made there led to a police raid on the Asia Hotel. Among those arrested were the older girl, a maid employed by appellant, and two patrons. While the raid was in progress the maid phoned appellant; consequently appellant was waiting at the entrance of the jail when the police arrived with those under arrest, and she furnished bail for the immediate release of the maid and the two patrons, but not for the girl. She told her not to worry, that she would obtain her release the next morning. The following day she again visited the girl at the city prison and told her that she too was about to be arrested; that the younger girl had revealed everything to the authorities; and the older girl was instructed to deny having any acquaintanceship whatever with the younger girl. Eventually, however, the older girl, too, unfolded the entire story of appellant’s activities.