People v. Lease

WOOD, P. J. Defendant was accused, in two counts, of violating section 288 of the Penal Code in that he committed lewd and lascivious acts upon a girl under the age of 14 years. In a jury trial he was convicted on both counts. Probation was granted. He appeals from the judgment (order granting probation) and from the order denying his motion for a new trial.

[384]Appellant contends that the evidence was not sufficient to support the verdict ■ and that the court erred in not allowing him to impeach a witness.

Patricia, an 11-year-old girl, called as a witness by the prosecution, testified in substance as follows: In the evening of February 5, 1960, she and her father and mother visited at the home of defendant where the defendant, his wife and daughter were present. Patricia’s mother and father returned to their home that evening, but Patricia stayed all night at defendant’s home. The next morning the defendant’s wife left the house to go to a place where she worked—thereafter those who remained at the house were Patricia, the defendant, and his daughter Sue (3 years of age). Defendant prepared breakfast for the girls. After breakfast, the defendant called Patricia into the bedroom. When she went there the defendant was lying across the bed, looking at pictures in a black notebook. Defendant showed the pictures to Patricia —the pictures were of ladies without any, or with very little, clothes on. Then, while lying on his back, he pulled Patricia over on top of him, put his hands between her legs and on her private parts. He started to help her take off her clothes from the waist down. He took off his clothes from the waist down. He put his private part between her legs.

She testified further regarding details of acts then committed by him, which acts if true would constitute a violation of said section 288. It is not necessary to state those details.

She testified further that about a week before Christmas in 1959, when she and defendant were in the garage at his home he showed her a deck of cards with pictures thereon of persons who were undressed or who had few clothes on. After showing the cards he put them back in the pocket of a jacket which was hanging on the wall of the garage. Later that day when defendant went to the garage to get a drill to fix a Christmas tree (which was in the house) Patricia went to the garage with him. While they were in the garage he stooped over and put his hand under her skirt and on her private parts.