People v. Annunzio

BARNARD, P. J.

The defendant was charged in an information filed by the district attorney of Tulare County, with the crime of child stealing, it being alleged that on or about October 15, 1931, he maliciously, forcibly and fraudulently took and enticed away one Opal Hunnicutt, a minor child, with intent to detain and conceal such child from her father, in whose lawful charge she was. The defendant was found guilty by a jury, and prosecutes this appeal from the judgment of conviction.

The first point raised is that the evidence does not support the verdict, in that it does not show a talcing and enticing away of a minor child with both the intent to detain and the intent to conceal such child from the parent having legal charge of it. The appellant contents himself with setting forth his argument of law without reference to the facts, placing the entire burden of examining the record on the court, with such assistance as has been given by the attorney-general.

[92]

Briefly stated, the facts are as follows: Opal Hunnicutt, the minor in question, was sixteen years of age. Her parents were separated, the mother being in San Francisco while the father, who had custody of the minor, lived in Dinuba, Tulare County, where Opal was attending school. About two months prior to October 15, 1931, the appellant met the mother of the child and subsequently made several trips with her to Dinuba. About ten days or two weeks prior to that date, the appellant first met the child, Opal Hunnicutt. About that time H. T. Hunnicutt, the father of Opal, on finding the appellant at his home, told him, “I don’t want you to let Opal get in the car at all—I don’t want her going off.” The appellant then promised he would not take the girl away and a few moments later was heard to remark to a man who was with him, “Looks to me like this might cause some trouble. If I ever get away from here, never again will they catch me back here.” However, Opal testified that about that time the appellant told her if she ever had any trouble at home to let him know and he would come down after her. An outside witness testified that about a week before October 15, 1931, in San Francisco, he was present during a quarrel between appellant and Opal’s mother; that the appellant told the mother that he was “going down and get the kid”; and that the mother told the appellant that if he did this she would turn in the number of his ear to the officers. On October 12, 1931, the appellant went to an apartment house in San Francisco in company with Ruby Kile, and rented an apartment, paying the rent, giving his name as Frank Rossi, and signing the lease in that name. Ruby Kile is a sister of Opal’s mother and was herself of the age of seventeen years at the time. On the morning of October 15, 1931, as Opal was entering the school grounds in Dinuba, she was called over to an automobile in which she found the appellant, Ruby Kile, a man called “Peanuts” and a man called “Grass”. She was told the car belonged to the appellant. Ruby asked her if she wanted to go to San Francisco and she replied that she did not because she could not. Ruby then asked her to go to the home of another aunt in Dinuba and see what she had to say about it. They all went in the automobile to the home of this aunt, where the aunt said she would have nothing to say