People v. Munton

SHINN, P. J. Charged in seven counts with violation of section 288a, violation of section 286 (sodomy), and an attempted violation of section 286 of the Penal Code, the defendant, George Theodore Munton, was found guilty in a jury trial on counts I, II and VII. Count I charged a violation of section 288a and count II charged a violation of section 286. The victim in both counts was William Wallace, a boy approximately 17 years of age. Count VII charged an attempted violation of section 286 on Richard Bailey, a boy also approximately 17 years of age. Defendant was found not guilty on counts III, IV, V and VI, which were identical, except as to times, with counts I and II. Defendant’s motion for a new trial was denied. New attorneys were substituted for the trial attorney and they moved for a rehearing of defendant’s motion for a new trial. This motion was denied. Pursuant to section 5500 et seq. of the Welfare and Institutions Code, and upon the reports of doctors under appointment by the court, the defendant was adjudged a probable sexual psychopath and committed to Atascadero State Hospital. Four months later, upon receipt of a report from the superintendent of the hospital, the defendant was returned to the court and found not to be a sexual psychopath. Defendant’s motion for a new trial was renewed and denied. Probation being denied, defendant was sentenced to state prison. He appeals from the judgment and from undescribed “orders” in the ease. The purported appeal from the 1 ‘ orders ’ ’ is dismissed.

Counts I and II charged commissions of the offenses October 20, I960; counts III and IV alleged offenses committed October 21 and counts V and VI alleged commission of the offenses October 23, all against William Wallace and count VII alleged commission of the offense against Richard H. Bailey November 10, 1960.

Defendant operated the Lyric motion picture theater in Huntington Park in Los Angeles County. About a year prior to October 1960 Wallace had worked for defendant at the theater. Early in October he applied for reemployment. Wallace testified that the offenses charged in counts III, IV, V and VI upon which defendant was acquitted occurred either in the office of defendant at the theater or in a motel on Ventura Boulevard and that the offenses charged in counts I and II were committed at the motel. He testified that he was taken by defendant to the motel at about 1:30 am. on October 20th; defendant registered for himself and another and [559]obtained a room which he and defendant used and in which the offenses were committed; both remained there until about 11 a.m. when they left together. Defendant was well known to the proprietor of the motel, a Mr. Butler, and had used a room in the motel 18 times during the month of October. Mr. Butler testified to the registration by defendant of himself and another person about 1:30 a.m. and to having seen defendant and Wallace leave the motel together at about 11 a.m.