People v. Claudius

ALLEN, P. J.

Appeal by defendant from a judgment of conviction and from an order denying a new trial.

The information, filed October 9, 1907, charged the defendant with unlawfully taking away from the custody of the mother, and without her consent, an unmarried female under the age of eighteen years for the purpose of prostitution. Within the sixty days next ensuing after the date of filing the information the cause, by consent, was set for trial December 9th, at which date it was commenced and thereafter concluded on December 12, 1907. While it is true that the defendant was not brought to trial within sixty days after the filing of the information, yet his consent that the trial should be set for the date fixed obviated the necessity upon the part of the people of showing upon the motion to dismiss other good cause why the motion should be denied.

It is claimed upon this appeal that the evidence contained in the record is insufficient to warrant a verdict of guilty as charged. It is disclosed by the evidence that this young girl claimed to have been abducted, was of that class who frequent the public dance-halls of Los Angeles, where she met the defendant, a young man who, while but twenty-four years of age, had been once married to and lived with a woman whom he conceded was a prostitute, but who had procured an annulment of the marriage before defendant’s relations with the girl began. The usual results which are to be expected from a dance-hall acquaintance followed. Shortly after they had commenced their illicit relations the defendant accepted employment as floor manager from one Moore, the keeper of a disreputable resort at Bakersfield. He and the girl accompanied Moore to Bakersfield, where she entered the house as one of the dancing girls kept for the entertainment of customers and after the dance to sell drinks. Above this dance-hall rooms were provided where the girls, engaged in dancing and selling drinks during the early part of the evening, were permitted to entertain their admirers after the bar closed and

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to retain money earned by them in such rooms. Defendant and this young girl occupied one of these rooms during their stay in Bakersfield. It is not shown by direct evidence that she actually practiced public prostitution, and both defendant and the girl testify that it was understood between them that she should not engage in prostitution, although it is shown that the other girls similarly situated did, and the rooms were maintained for that purpose. The girl gave all the money she earned to defendant, and Moore provided her with a striking costume in which she appeared at the dances. This costume was in evidence and exhibited to the jury.