People v. Kinser

CRAIG, J.

The appellant, together with two co-defend- , ants, was charged by information filed in the Superior Court of Orange County with having contributed to the delinquency of a minor, and appeals from the judgment of the Superior Court finding him guilty as charged. The grounds assigned for reversal are asserted insufficiency of the information and of the evidence.

Briefly stated, it was alleged that J. B. Talley, Lucy Martinez and Kinser did wilfully and unlawfully contribute to

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the delinquency of a female minor child, to wit, Irene Parra, aged sixteen years, said minor child then and there coming within the provisions of the Juvenile Court Law [Stats. 1915, p. 1225]; that they placed said minor in danger of leading an idle, dissolute, lewd and immoral life, by giving her intoxicating liquor and causing her to become drunk, and by taking her to the apartment of the defendant Talley and there leaving her alone in a room with him.

The defendants Talley and Martinez pleaded guilty and the latter testified on behalf of the People. It is appellant’s contention, principally, that under numerous authorities cited in his behalf the evidence is not alone insufficient to support the judgment, but was such as to require an acquittal. It is insisted in his business of driving taxis he merely answered a call, drove the parties to destinations requested by them and that while liquor was consumed and the minor may have imbibed to excess, he was not the instigator nor aider of the commission of any offense, and that in any event the minor did not become delinquent.

The positive testimony of six witnesses called by the People, including Irene Parra, is to the effect that on or about January 10, 1929, Lucy Martinez telephoned a taxi company for whom Kinser was a chauffeur and with whom she had previously ridden without charge; that they drove to the home of Miss Parra, where she joined them, and thence to the center of the city of Santa Ana, where they picked up Talley, whereupon the men and the two girls .drove to Talley’s apartment. Miss' Martinez said to Talley, who was waiting for them on a street corner, “Well, I got a partner for you, ’ ’ and at his apartment she asked him if he had any wine, to which he replied in the affirmative, produced a bottle, and they all drank the contents. Soon afterward Talley suggested that Miss Parra go to another room with, him, which she hesitated to do, but the Martinez woman told her to “go on, he won’t hurt you,” and she complied. Other occurrences, between them were excluded from the record, it appearing that they were in a separate room, with the door closed. Thereafter Kinser suggested that he drive the girls about town in the air to “sober up,” though each denied that she was intoxicated at the time. Accordingly,they ..left.. Talley at home, drove toward Balboa and at a house or service station Kinser obtained a bottle of gin,