People v. Durfee

MOORE, P. J. Having been accused by information of ten offenses defined by section 288 of the Penal Code† and [633]convicted by a jury, defendant’s motion for a new trial was denied. He appealed on the ground that the evidence does not support the verdict in that the corpus delicti was not established.

The first five counts of the pleading charge crimes against Sue; the second five counts allege crimes against Jane. They are sisters, ages eight and ten years respectively. Their mother had married appellant February 23, 1945. He was 41 years of age, an instructor of chemistry and physics in a high school and sometime notary public and insurance and realty broker. For obvious good reasons the sordid details related by the two children are omitted from this discussion. Suffice it to say that in support of counts I, II, III, IV and V, Sue testified before the court to the details of appellant’s lascivious acts. As to counts VI, VII, IX and X, Jane likewise testified fully as to appellant’s misconduct and treatment of her. However, it cannot be said that her testimony with reference to count VIII establishes an act different from those pleaded in counts IV and V.

Such testimony from two girls of tender ages and without experience is abundant proof to support the implied finding of the jury. They are not expected to give a detailed description of each transaction and of all the circumstances. (People v. Kearney, 20 Cal.2d 435, 437 [126 P.2d 612].) They did not keep diaries or report each incident to an elder, or make a mark of the dates of the crimes. They were fearful of appellant who threatened to beat them if they reported his behavior.

But their voices did not bring the only proof of the offenses. When appellant was called upon to make a statement in answer to the charges about to be filed, he confessed his sin to Deputy District Attorney Ernest Boll. At first he denied all. On hearing Sue repeat her story he had “no comment.” On hearing Jane tell hers, he had “no comment.” But after a ten-minute recess he made a free and voluntary confession that all the two girls had said was true. He then categorically confirmed each of their statements of the crimes. What he said was freely and voluntarily stated, without immunity or hope of reward, nor was it induced by force or threats of force. Pursuant to his request Mrs. Durfee entered the room. He told her that he had confessed the truth of all that the girls had reported; that he had been ashamed of it. Later he told Deputy District Attorney