People v. Hemma

CONREY, P. J.

By information the defendant was accused of a misdemeanor committed as follows: It was charged that the defendant, on or about the eighth day of May, 1928, in the county of Riverside, committed a certain described act which “tended to cause, encourage, and contribute to one Rosalie Zilly who was then and there a female person under the age of twenty-one years, to come within and remain a person within the provisions of Section One” of the Juvenile Court Law. (Stats. 1915, p. 1225.) The particular act charged was that the defendant wrote and delivered a note to said minor asking her to meet him at some eucalyptus trees that night between the hours of 9:30 and 11 o’clock, and that said defendant did thereby attempt to induce and entice said minor to meet him privately at said

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eucalyptus trees, which were in a remote and secluded spot. There were further allegations showing the absence of any lawful reason or occasion for such an invitation by defendant to said minor.

At the trial defendant waived trial by jury, and the case was presented to the court on a stipulation of facts. The note as delivered by defendant read as follows: “Tonight will wait down east Road where the Blue Gum Tree’s will be there by 9/30 and will wait until 11.” The defendant on the stated day wrote and delivered this note to the girl, Rosalie Zilly, who is of the age of fifteen years, and the age of Mr. Hemma is forty-two years. She was staying in a shop sewing when defendant came in and dropped this note in her lap. Inasmuch as the girl did not go to the suggested place of rendezvous, we agree with counsel for appellant in his contention that if any crime was committed by defend-' ant, the offense was completed by the delivery of the note. It is not material, although it appears to be the fact, that the defendant did not succeed in obtaining a favorable response to the suggestion contained in the note. If he has committed a crime, the offense consisted solely in the doing of an act which in its nature was such that it would tend to cause, encourage, and contribute to delinquency on the part of the minor.

The offense charged against the defendant is covered by the provisions of section 21 of the Juvenile Court Act, together with subdivision 11 of section 1 of the act. Said subdivision 11 places within the terms of the act any person under the age of twenty-one years who is leading or from any cause is in danger of leading an idle, dissolute, lewd, or immoral life. Section 21 reads as follows: