People v. Nitta

HALL, J.

Defendant was convicted for violating the provisions of section 266g of the Penal Code, and upon judgment being rendered appealed to this court.

It is charged in the information that the defendant did willfully connive at, consent to and permit the placing and leaving of his wife in a house of prostitution, and that he did then and there willfully permit and allow her to remain there.

It is contended that the verdict is not supported by the evidence, because the evidence shows that the defendant placed his wife in the house of prostitution, and the argument is that this state of facts does not support a charge of conniving at, consenting to or permitting the placing of his wife in such house.

The information, however, also charges him with permitting his wife to remain in such house of prostitution, which act constitutes a complete offense.

The evidence shows that the defendant placed his wife in the house in question on a given date, and received from the keeper thereof $350, and departed, leaving his wife in the house, where she remained, and for several months followed the calling of a prostitute. Subsequently after an interval of several months, defendant returned and demanded of his wife that she give him $250. This she did, on his agreeing to a separation after the Japanese custom, paying the money from her earnings as such prostitute.

Whether or not the evidence may be said to support a charge of -conniving at the placing of the wife in a house of prostitution or not, it certainly supports the charge that he permitted her to remain in such house, which is all that is required to support a conviction under the information.

(People

v.

Shotwell,

27 Cal. 403;

People

v.

Frank,

28 Cal. 507;

People

v.

Sheldon,

68 Cal. 434, [9 Pac. 457].)

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