People v. Spaulding

CRAIG, J.

The appellant was charged by information with having committed in the county of Tulare the infamous crime defined by section 288a of the Penal Code. He was convicted by a jury, and appeals from the resultant

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judgment upon the grounds (1) that the People’s witnesses were accomplices, and that aside from their testimony “there was not a particle of evidence to show the commission of the offense charged in the information”; (2) that, assuming them to have entrapped the defendant, if they induced him to commit an offense which he would not otherwise have committed, the conviction cannot be sustained.

It appears that on January 31, 1926, appellant was engaged in conducting an automobile supply store known as Spaulding’s Filling Station, on the state highway, northerly from the town of Earlimart, in Tulare County; that on the afternoon of said date two deputy sheriffs of Kings County, named Pefley and Lant, appeared in the latter’s automobile at appellant’s establishment and purchased oil for the machine; that Lant retired to a lavatory in the rear of the store, and while he was absent Pefley sold the appellant four boxes of candy. Pefley testified that when he first exhibited samples of the candy to Spaulding the latter ignored them, making repeated indecent proposals to him, and that the defendant put his hand on the private parts of the witness; that thereafter Pefley told Lant of the occurrence, stating that Spaulding was a moral pervert, to which Lant replied, “I know he is; he tried to approach me.” Lant testified that during the same visit the defendant made obscene advances toward him, and when repulsed said: “Don’t tell your partner anything”; “the next time you come through stop in and I will be glad to have you.” Each of these witnesses swore that they had previously been deputized for special work by the sheriff of Kings County, and were narcotic and liquor investigators; that as a result of the experiences above mentioned they decided to return to Spaulding’s auto station on the following day. They directly and positively testified that they did return at about 7:30 P. M. on February 1st, and asked for oil or gasoline; that Lant went to the lavatory, and returned to the car, whereupon Pefley alighted and proceeded to the outhouse in question; that appellant soon followed, and was in the act of committing the offense with which he was charged in the information when Lant appeared upon the scene, and the defendant was arrested. It appears that Spaulding violently resisted the witnesses, that he fought, bit,