People v. Matthews

WOOD (Parker), J. In a trial without a jury, defendant was convicted of two counts of violating section 288 of the Penal Code. Proceedings were suspended and probation was granted. He appeals from the judgment, sentence and order granting probation.

Appellant contends, in effect, that the court erred in not considering the testimony of a psychiatrist.

In the summer of 1955, Jean, a girl 10 years of age, her brother Victor, and her girl friend Vickie were on a “hike” on a road near Granada Hills. While appellant, who was a [31]foreman of ranches in that area, was driving a truck on that road he overtook the hikers and, upon his invitation, they rode with him to a pond on one of the ranches. Appellant took his trousers off and, while wearing his shorts, waded in the pond. He exposed himself. The children also waded in the pond, wearing their underclothing. After appellant and the children had put on the clothing which had been removed, appellant carried Jean to a tree stump where they sat together. She testified that he asked her if she was growing, and he pulled up her shirt and looked at her breasts.

About a week later, appellant went to Jean’s house and took her and her brother to the pond.

According to her testimony, he then committed acts which were a violation of said section 288.

About two or three weeks later, appellant went to Jean’s home and took her, in his truck, to the middle of an orange grove. According to her testimony, he then committed acts which were a violation of said section 288. She also testified that he told her she was his second wife; and he told her not to tell her mother what had occurred.

In November, 1955, Jean and her girl friend Vickie walked to appellant’s house and played there for a while and then they started looking and calling for him. She testified that he called out that he was in the blacksmith shop; when they went into the shop they saw appellant who had his pants and shorts down around his knees.

A police officer, who arrested appellant, testified that he told appellant he was charged with molesting the girl; that appellant said: he had been awfully careless but he did not think too much about it because they seemed like a family; he went swimming in the pond with the children, and he and they had their shorts on; he did not expose himself intentionally ; he told the children not to tell their parents; he felt Jean’s breast on one occasion; he had called Jean his wife.