Willey

People v. Willey

Good Law
128 Cal. App. 2d 148·1954 Cal. App. LEXIS 1442·275 P.2d 522
Court of Appeal of CaliforniaOctober 18, 1954Crim. 5117California1,127 words

Opinion

Opinion

Drapeau, J.

Defendant, Carl L. Willey, was convicted of violating section 288 of the Penal Code. He attempted to have sexual relations with his 10-year-old stepdaughter. The offense was committed in the home of defendant and his wife, while the wife was in the hospital.

The personal background of the man is distressing. He was in the Army during the Second World War, and was held for 41 months in a Japanese prison camp. He contracted tuberculosis, and had one of his lungs removed.

Following his conviction, the court found him to be a sexual psychopath under section 5500 of the Welfare and Institutions Code, and committed him to Norwalk State Hospital for not to exceed 90 days, for observation and diagnosis. Hearing on his application for probation and for pronouncing judgment was continued.

The report of the superintendent of the state hospital, verified by the acting superintendent, stated in part as follows:

Defendant demanded a jury trial upon the issues raised by the report. The court ruled that he was not entitled to a jury upon these issues. The court then found that defendant was a menace to the health and safety of others and could not benefit from treatment in the state hospital;…

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