153 P. 965 | Cal. Ct. App. | 1915
The conviction was for the crime of lewd and lascivious conduct with a minor child and the appeal is from the judgment and the order denying a motion for a new trial.
1. The prosecutrix testified positively to facts constituting the offense and it was for the jury to determine whether she was telling the truth. We cannot say that her story is inherently improbable and no question of law is presented as to the sufficiency of the evidence to support the verdict. (People v. Kuches,
2. Appellant complains of the action of the court in admitting evidence that prior to the alleged commission of the offense charged in the information he had exhibited to the prosecutrix a photograph of a naked woman. The fact is that the only objection made to the question was that no time or place was fixed. That objection was met, however, by a subsequent question and answer. But the evidence was admissible under various decisions of the appellate courts of this state. (People v. Scott,
3. The only other point made relates to the declared misconduct of the district attorney while addressing the jury, in calling the defendant "the dirty old scoundrel." We cannot say that the expression was in very good form. It is better, of course, to avoid such manner of speech but no prejudicial error was committed thereby. Besides, the jury were advised by the trial judge to disregard the word "scoundrel." InPeople v. Glaze,
We discover no reason for reversing the cause and the judgment and order are affirmed.
Chipman, P. J., and Hart, J., concurred.
A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on January 3, 1916. (See Burke v. Maze,
