People v. Christensen

DORAN, J. This is an appeal from the judgment and from the order denying the motion for a new trial after a verdict of guilty on four counts, two of which were based on section 288 of the Penal Code and two counts on section 261 of the Penal Code.

The defendant, a married man 51 years of age, was by occupation an auto trimmer. His hours of work were from 5 o ’clock in the evening until 1:30 o ’clock in the morning. His wife, who was also employed, worked from 9 o’clock in the morning until 5 o’clock in the evening.

The home of the defendant and the home of the prosecutrix were about two blocks apart. The prosecutrix, a girl 13 years of age, testified that she first met the defendant as [381]she was passing in front of his home, at which time her attention was attracted to a kite entangled upon the rear bumper of defendant’s ear. She asked the defendant for the kite, which he gave her. He then took her by the hand, and at his request she entered his home, where she remained about an hour. Upon this first visit the defendant held her on his lap and talked with her, gave her sixty cents and asked her to return. A day or so later upon her return from school she visited the defendant, at which time the alleged acts occurred. He again gave her sixty cents and told her to return, which she did on another day shortly thereafter, when similar acts occurred. She testified that her return to the defendant’s home on several occasions was for the purpose of getting the money that the defendant gave to her.

Fred M. Hash, a witness for the prosecution, testified that he lived on one side of a duplex, the other side of which was occupied by the defendant; that he (Hash) was ill at home with a cold during the last week in April and the first week in May, 1938; that he saw the prosecutrix enter the defendant’s house on April 27th at about 3:30 o’clock in the afternoon; that he saw her enter the house again on April 29th and on May 2d, at the same time of the day; that a partition separated his bedroom from the defendant’s bedroom; that on one of these times when he saw the prosecutrix go into the house he had occasion to go into the closet in his own home to hang up his little girl’s coat, and that he heard the prosecutrix “whining or crying or moaning”; that he reported the matter to the police department on May 2d.

According to the testimony of police officers the defendant admitted that the prosecutrix had been in his home on several occasions and that he had given her money.