People v. Funtas

KERRIGAN, J.

Defendant was convicted of the : in

famous crime against nature and prosecutes this appeal from the judgment. He relies upon two points for reversal, viz.: (1) That the evidence is insufficient to support ¡the verdict, and (2) that the court erred in failing to instruct the jury that the testimony of an accomplice is to be viewed with distrust. -

[1]

The evidence in the ease is of a sordid character, and it is not necessary to refer to it in any great detail. The testimony of the accomplice in the offense, a boy fourteen years of age, shows when and where the defendant and himself met, the method adopted by the defendant for inducing him to visit defendant’s room, all that was done there on the occasion of two of such visits, which comprehended the act upon which the charge was based. Notwith

[409]

standing the criticism of appellant’s counsel, this testimony appears to be full, straightforward, and free from material discrepancies. Mrs. Bessie Preston, who conducted the lodging-house where the defendant roomed, testified that several visits made by defendant to the room of her own son aroused her suspicion as to defendant’s conduct with Frank Lynch, the accomplice above mentioned. She accordingly caused to be bored two auger-holes in a wall of defendant’s room. On the evening of November 22, 1918, when the act charged is alleged to have been committed, she met the defendant on his way to his room where, as she knew, the boy was waiting for him, and invited him to join a game of cards with her and others. On the plea that he was tired he declined to do so. This refusal heightened her suspicions, and while the defendant proceeded to his room, she left the house and secured the co-operation of a policeman. She stationed him at the door of the defendant’s room, and herself repaired to the auger-holes, and through them witnessed the act which led to the arrest of and charge against the defendant. The bedroom door was locked, but the officer testified to hearing the shuffling of feet, and conversation between the two occupants of the room conducted in a low tone of voice. The door then being unlocked the officer entered, and found the boy dressed and the defendant undressed. The officer insisted upon learning what had just occurred between the pair, and the boy finally confessed to the conduct described later by Mrs. Preston when a witness at'the trial. The defendant denied the truth of the boy’s account, and claimed that Lynch was present in his room solely for the purpose of assisting defendant in his study of the English language, but nevertheless attempted to bribe the arresting officer while being conducted to the jail. This was testified to by both the officer and the accomplice. The defendant did not take the witness-stand in his own behalf. We are clearly of opinion that there is no merit in defendant’s first point, for the evidence abundantly supports the verdict of the jury.