People v. Powellson

California Supreme Court May 21, 1885 No. No. 20,053Published

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Holding. The court reversed the defendant's conviction because the prosecution failed to provide evidence that the minor was taken from the legal custody of the individuals named in the indictment.

Issues

Whether the evidence was sufficient to support a conviction under section 267 of the Penal Code for taking a minor from the legal charge of the persons named in the indictment.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“There was no evidence that the infant was taken from the charge or custody of the persons named in the indictment.”

Synopsis

Prostitution—Enticement of Female.—Conviction held not sustained by the evidence.1

By the COURT. The defendant was charged by indictment with taking, from certain individuals having the legal charge of her person, a female under the age of eighteen years, for the purpose of prostitution, under section 267, Penal Code. There was no evidence that the infant was taken from the charge or custody of the persons named in the indictment.

Judgment and order reversed, and cause remanded for a new trial.

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