People v. Cohen

California Court of Appeal Jun 15, 1923 No. Crim. No. 974.Published

Before: Curtis

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Holding. The court held that under the 1915 juvenile court law, a defendant is guilty of contributing to the delinquency of a minor if they commit acts that tend to lead a minor under 21 astray, regardless of whether the minor actually becomes delinquent or successfully resists the defendant's advances.

Issues

Whether the information sufficiently stated a public offense under the juvenile court law.
Whether the prosecution must prove the complaining witness was already a delinquent or dependent person.
Whether the defendant's guilt depends on the success of his efforts or the minor's susceptibility to his influence.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The purpose of the present law is manifestly to protect all persons under the age of 21 years.”

CURTIS, J.

The defendant was convicted of a violation of section 21 (as amended, Stats. 1921, p. 773) of the juvenile court law, approved June 15, 1915. He appeals from the judgment and order denying his motion for a new trial, mainly upon two grounds: First, that the information does not state any public offense. Secondly, that the evidence is insufficient to justify the verdict. The information, omitting the formal parts-, is as follows:

“The said Harry Y. Cohen is accused by the District Attorney of and for the County of Los Angeles, State of California, by this information, of the crime of a misdemeanor.

“That the said Harry Y. Cohen on or about the 11th day of September, 1922, and prior to the filing of this information, at and in the County of Los Angeles, State of California, did willfully and unlawfully commit acts and omit duties hereinafter more -particularly set forth, to wit:

“That at the said time and place one Lillian Alleen Hildreth was then and there in the County of Los Angeles, and was then and there a female person under the age of twenty-one years, to wit: of the age of sixteen years, and was then and there easily coaxed, influenced and controlled by artful and designing persons, and was then and there in danger of leading an idle, dissolute and immoral life by

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reason of the acts hereinafter alleged, and by reason of the personal depravity of the said defendant, Harry Y. Cohen.

“That at all the times herein mentioned, the said Harry Y. Cohen was and is an artful and designing person, and did then and there endeavor and attempt to influence, cause, allow and to persuade and cause the said Lillian Alleen Hildreth to come within the influence, persuasion and control of the said defendant, Harry Y. Cohen, and the said defendant, Harry Y. Cohen, at the times and places last aforesaid, did then and there willfully and unlawfully, on or about the 11th day of September, 1922, feel, fondle and handle the limbs and private parts of the said Lillian Alleen Hildreth with the intent and purpose of arousing and gratifying the passions of the said defendant, Harry Y. Cohen, and of the said Lillian Alleen Hildreth, a minor child under the age of twenty-one years, to wit: of the age of sixteen years.”

People v. Cohen

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CURTIS, J.

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