People v. Williams

MUSSELL, J. Defendant was charged in an information with the commission of a misdemeanor, to wit, violation of section 702 of the Welfare and Institutions Code, in that on or about the 15th day of October, 1956, she did wilfully and unlawfully engage in immoral conduct in the presence of her daughter, then 9 years of age, which acts caused and tended to cause and encourage the child to become and remain a minor child who is leading and in danger of leading an idle, dissolute, lewd and immoral life. Defendant waived trial by jury and the court found her guilty as charged in the information. She was granted probation for a period of two years, the only condition thereof being that she remain out of trouble during that time. She appeals from the judgment and the order granting probation.

Appellant was at the time involved living in Buena Park in Orange County with her two daughters, Barbara, aged 14 and Gracie, aged 9. Corporal Insley, a United States Marine, first met appellant in August, 1956. They went to a drive-in theatre with Corporal James Park and appellant’s daughter, Barbara. They all went to another movie the following night. On several occasions thereafter Corporal Insley and appellant had sexual intercourse and these acts usually occurred in an orange grove while Barbara and Corporal Park remained in the automobile.

On October 15, 1956, Corporal Insley, with Sergeant Ouert, went to appellant’s home in the evening. Appellant said that [643]her husband was in the area so they went to her girl friend’s home and later that night they returned to the home of appellant. Her daughter, Barbara, Patricia Flint, a 13-year-old girl, and appellant’s 9-year-old daughter, Graeie, were in the house. Appellant put Graeie to bed but she would not go to sleep and appellant then lay on the bed beside her. About five minutes later Corporal Insley followed appellant into the bedroom and lay on the bed with appellant and the child. Graeie fell asleep and appellant and the corporal undressed and had sexual intercourse, while the child was in the bed with them. While this act was taking place, Corporal Park and Patricia were having sexual intercourse on the couch in the living room. On at least one other previous occasion appellant had put Graeie to sleep and, in the same bed, Corporal Insley and appellant had sexual intercourse.

On the night of October 15, 1956, after the act of sexual intercourse took place, appellant’s husband came home and found appellant and Insley in bed with Graeie. Insley testified that “there was a big commotion. The front door was being knocked down. She jumped out of the bed and said ‘There is my husband ... he will kill you’; that appellant then ran out of doors dressed in a half slip; that he “headed for the clothes closet to put my clothes on and her husband came in and looked in the clothes closet and got hold of me and we wrestled in the hallway and he hit me on the head with the telephone, which I later found out what it was when he hit me, and I got away from him and went back to the base.”