People v. Miller

MARKS, J.

Appellant was convicted of the charge of contributing to the delinquency of four boys under the age of twenty-one years. These boys were present at a gathering held at appellant’s home west of the city of Riverside, in Riverside County, given under the auspices of a Greek letter fraternity at which liquor was consumed and games of chance for money were played from which a percentage was deducted for the benefit of the fraternity. Appellant permitted the use of his house for this occasion at which minors gambled and drank intoxicating liquors. It is evident that he was directly connected with the retail sale of liquor on this occasion. We have carefully examined the record and find in it ample evidence to sustain the verdict and judgment.

Appellant demurred to the information and urges error on the part of the trial court in not sustaining the demurrer on the ground of ambiguity, uncertainty and indefiniteness of the charge against him. A similar information was held sufficient in the case of

People

v.

Perfetti,

88 Cal. App. 609 [264 Pac. 318]. (See, also,

People

v.

Cohen,

62 Cal. App. 521 [217 Pac. 78].)

Appellant insists that he was not sufficiently identified as the “Miller” who permitted the use of the house for the occasion in question. The first witness identified him as “Mr. Miller, the defendant in this case”. He was subsequently referred to by the same and other witnesses as “Mr. Miller”, “E. D. Miller”, and “Harvey Miller”, which was sufficient identification. There was some testimony concerning “Le Grand Miller” and “Leroy Miller”, which names were not connected with appellant. Appellant complains of small portions of instructions given by the trial court and of the refusal to give other instructions which he requested. We have examined all instructions and find that those given correctly covered the law of the case, with one exception.

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