People v. Lindsey

BARNARD, P. J. The defendant was charged with the crime of child stealing in violation of section 278 of the Penal Code. A jury found him guilty as charged. He was sentenced to state prison and he has appealed from the judgment.

The appellant lived next door to a Mrs. Weslasky at Santee from January, 1956, until he left his wife and children and [354]went away in the latter part of April, 1956. When Mrs. Weslasky went to work on the morning of May 9, 1956, her daughter Rosemary, aged 13 years, was in bed. When she returned, about 4 p. m., she found a note in Rosemary’s writing reading in part “I have went for good. Don’t look for me. I am in good care.” The records of Western Union in San Diego disclosed that a telegram was filed by the appellant in Barstow at 7 :16 a. m. on May 9 ordering payment of $10 to Rosemary, and that it was paid at 9:30 that morning. Rosemary had not been found up to the time the case went to trial on June 26, 1957. It appears, however, that at the time the appellant’s request for probation was heard she had been located through his cooperation.

A witness who lived four miles west of Barstow testified that the appellant and Rosemary drove up to a trailer which was near her home on May 14; that the trailer had been there before; that this was a “fairly isolated place” about four miles from town; that she saw the appellant and Rosemary working in the yard around the trailer during the next two days; that Rosemary came over to her home on the morning of May 16 and then had on an engagement ring and a wedding ring; that her daughter stayed with Rosemary in the trailer on the night of May 16 and that she did not see Rosemary after May 17. The daughter of this witness testified that she saw Rosemary and the appellant working in the yard of the trailer on May 16; that when she stayed with her on the night of the 16th, Rosemary had on a wedding ring and an engagement ring and she showed her the box they had come in; that this was the appellant’s trailer; and that it had been there two or three weeks before that.

Another witness testified that she saw the appellant and Rosemary at the trailer on a couple of days; that Rosemary stayed there about three days; and that a ear came in one night and she wasn’t there after that. Another witness testified that he saw Rosemary in front of the trailer three different times; that on two occasions she and the appellant were together, doing a little yard work; that about 10 o’clock on the night of May 17 he saw an automobile drive up to the trailer, where it remained about 20 minutes and then departed; that this ear looked like the car he had seen the appellant drive; that when the car drove off there were no lights on in the trailer; and that Rosemary was not at the trailer after that.