People v. Bergotini

Defendant appeals from a judgment of conviction and from an order denying his motion for a new trial. The offense sought to be charged in the information was contributing to the dependency of certain minors.

The charging part of the information was as follows:

"The said Frank Bergotini on or about the 4th day of July, A. D. One Thousand Nine Hundred and fourteen and for eight months next prior thereto, at and in the County of Sonoma, State of California, did willfully and unlawfully contribute to the dependency of dependent children as follows: That at all times herein mentioned and now, Doris Cavalli, Ellen Cavalli, Virginia Cavalli and Alice Cavalli were minor children all under the age of eleven years and the children of A. Cavalli and Irene Cavalli, their parents, and at all times herein mentioned said children were dependent children and their home at Petaluma in said County of Sonoma, State of California, was during said time by reason of the neglect and depravity of Irene Cavalli, the mother of said children, and by reason of the personal depravity of their said mother, an unfit home for said children and that the said children are and at all times herein mentioned have been in danger of growing up to lead idle, dissolute and immoral lives. That A. Cavalli is and during all of the times herein mentioned has been in the habit of drinking intoxicating liquors to excess, often going to his home in an intoxicated condition, and being and remaining in an intoxicated condition in the presence of his said children in his said home. That on or about the 15th day of November, 1913, the said Irene Cavalli began living and having, immoral relations with one Frank Bergotini, and ever since has continued to sustain and live in immoral relations towards said Frank Bergotini and thereby neglected *Page 719 and abandoned said children and said home. Said Irene Cavalli was during all of said time, encouraged and induced to neglect and abandon said children and said home and to live in immoral and depraved relations with said Frank Bergotini with the consent, request and approval of the said Frank Bergotini and that on or about the 23rd day of February, 1914, in the County of Sonoma, the said Irene Cavalli at the request and encouragement of said Frank Bergotini, deserted and abandoned her said children as aforesaid and has since continued to desert and abandon and neglect said children and leave them without a proper or fit home and to lead an immoral life with said Frank Bergotini and that by reason of the acts of the said defendant as aforesaid, and by reason of the neglect, desertion and abandonment of the said children as aforesaid, by Irene Cavalli, the mother of said children, which said neglect, desertion and abandonment has been encouraged, abetted and contributed to by said defendant as aforesaid, and by reason of the habitual intemperance of A. Cavalli, the father of said children, said children have no parent or guardian willing and capable, or willing or capable of exercising proper parental control of said children, and for want of such proper parental control, said children are wayward and addicted to vicious habits and are in danger of being brought up to lead idle, dissolute and immoral lives. . . ."