19 P.2d 814 | Cal. Ct. App. | 1933
Appellant was convicted of the charge of contributing to the delinquency of four boys under the age of twenty-one years. These boys were present at a gathering held at appellant's home west of the city of Riverside, in Riverside County, given under the auspices of a Greek letter fraternity at which liquor was consumed and games of chance for money were played from which a percentage was deducted for the benefit of the fraternity. Appellant permitted the use of his house for this occasion at which minors gambled and drank intoxicating liquors. It is evident that he was directly connected with the retail sale of liquor on this occasion. We have carefully examined the record and find in it ample evidence to sustain the verdict and judgment.
[1] Appellant demurred to the information and urges error on the part of the trial court in not sustaining the demurrer on the ground of ambiguity, uncertainty and indefiniteness of the charge against him. A similar information was held sufficient in the case of People v. Perfetti,
[2] Appellant insists that he was not sufficiently identified as the "Miller" who permitted the use of the house for the occasion in question. The first witness identified him as "Mr. Miller, the defendant in this case". He was subsequently referred to by the same and other witnesses as "Mr. Miller", "E.D. Miller", and "Harvey Miller", which was sufficient identification. There was some testimony concerning "Le Grand Miller" and "Leroy Miller", which names were not connected with appellant. Appellant complains of small portions of instructions given by the trial court and of the refusal to give other instructions which he requested. We have examined all instructions and find that those given correctly covered the law of the case, with one exception. *193 [3] The first paragraph of instruction number five should not have been given in its present form. The words, "notwithstanding the base character of the witness", should have been stricken. However, we do not consider the use of these words prejudicially erroneous in the present case as there is little conflict in the evidence and no witness was directly impeached. The jury might have concluded that each witness spoke the entire truth and still have reached the same verdict.
[4] Appellant contends that judgment was not pronounced within the time limited by section
The verdict of guilty was returned on September 27, 1932. The time for pronouncing judgment was fixed for Monday, October 3, 1932. The fifth day after the verdict fell on Sunday, October 2d. On October 3d, appellant filed a motion for new trial, which was set for hearing on October 14, 1932, and on October 4th the trial court, on its own motion, advanced this date to October 13th, when the motion was denied and judgment pronounced. October 12, 1932, was a legal holiday.
The fifth day after the verdict was returned fell on Sunday and the 15th fell on a holiday. We are, therefore, of the opinion that the trial court properly set the time for the pronouncement of judgment for Monday, October 3, 1932, and, a motion for a new trial having been filed, properly set the same for hearing on October 13, 1932, and, having denied the motion, was within its rights in pronouncing judgment on that day. (People v.Malone,
In People v. Zuvela,
The judgment and orders appealed from are affirmed.
Barnard, P.J., and Jennings, J., concurred.
A petition for a rehearing of this cause was denied by the District Court of Appeal on March 16, 1933, and an application by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on March 30, 1933.