People v. Moranda

PEEK, J. This is an appeal by defendant from a judgment of conviction following the jury’s verdict finding him guilty of violating section 288 of the Penal Code.

The alleged act took place at the home of the prosecutrix on the evening of January 2, 1959. The defendant was a casual acquaintance of her parents with whom he and another acquaintance, referred to in the record only as “Scotty,” had spent New Year's Day drinking wine. At the parents’ suggestion defendant spent the night with them, occupying a sleeping bag on the floor. The prosecutrix, her 4-year-old brother and Scotty were all sleeping on a bed in the same room. The bed was against the wall and she occupied the wall side thereof. It was her testimony that some time during the night the defendant crept under the covers of the bed, fondled her, made immoral offers and suggested that she approach one of her friends so that he might achieve the same purpose with the friend. She further testified that the next day defendant followed her and her friend to a nearby schoolyard where he continued his advances. The children complained to the parents of the prosecutrix, and defendant was taken into custody. During his interrogation by sheriff’s deputies he made a written statement by which he admitted that he had slept in the same room with the prosecutrix; that some time during the night she got out of bed and tripped over him where he was sleeping, at which time he fondled and hugged her.

It is defendant’s first contention that his statement was the result of fraud. The evidence in this regard shows that following his arrest he was taken to the sheriff’s office in Tlkiah by Deputy Sheriff Carlstedt. On direct examination Carlstedt [602]testified that, together with other officers, he had a discussion with defendant about the case; that the defendant went into a small interrogation room where he personally wrote out a complete statement; that no threats were made, nor were any promises made; and that the statement was given freely and voluntarily. Thereafter the statement was admitted in evidence without objection. Upon cross-examination of Oarlstedt by the defendant, the following colloquy ensued:

“Q. . . . Now, do you recall that at this time, he [Captain Stefani] was questioning me concerning this offense, that I had stated that it was a most shameful humiliating experience I had ever went through, that I felt ashamed to even face you or to look at any of those fellows upstairs, ashamed of something like that hanging over my head. Do you remember that ? A. Yes. Q. And, I also stated at that time that I felt that a child of eight years old accusing me of such a crime that I couldn’t understand a jury disbelieving a child and believing me, that I had a long record. Do you remember me stating that? A. Yes. Q. I also stated, if you recall, I believe, that I told you that I would rather go into court and plead guilty to a burglary or anything than to face the shame of going into a courtroom where there was a jury and having to sit there and humiliate me with something like that hanging over my head. Did I tell you that? A. You did.