People v. Ramos

California Court of Appeal May 20, 1954 No. Crim No. 5129Published

Before: Vallée

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Holding. The court held that the evidence presented at trial was sufficient to support a conviction for the crime against nature, as the testimony provided a reasonable basis for the trial judge to conclude that penetration occurred.

Issues

Whether there was sufficient evidence of penetration to support a conviction for the crime against nature under Penal Code section 286.

Disposition. Affirmed.

Quotations verified verbatim against the opinion

“Any penetration, however slight, is sufficient to complete the crime.”

“a police officer who witnessed the act testified to facts from which the trial judge could reasonably conclude that there had been penetration.”

VALLÉE, J. Defendant was convicted of having committed the infamous crime against nature. (Pen. Code, § 286.) He appeals from the judgment. Defendant did not testify or offer any evidence in his behalf.

The only point made is that there was no evidence of penetration. Any penetration, however slight, is sufficient to complete the crime. (Pen. Code, § 287.) Recitation of the nauseating details would serve no purpose. Suffice it to say that a police officer who witnessed the act testified to facts from which the trial judge could reasonably conclude that there had been penetration.

Affirmed.

Shinn, P. J., and Wood (Parker), J., concurred.

People v. Ramos

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