Blanco

By information defendant was charged in five counts with violations of Penal Code, section 288a. In a nonjury trial he was convicted of the offenses charged and sentenced to state prison. He appeals from the judgment.

The cause was submitted on the transcript of the preliminary examination and additional evidence. Defendant first contends he was denied a public trial at the preliminary hearing in violation of article I, section 13, of the Constitution. The following is the record of what transpired at the preliminary, on which the contention is based:

“The Court : The People versus Victor Blanco and Naomi Utley. Mr. Parsons [attorney for defendant]: Blanco is present and ready, your Honor. At this time I understand there are two civilian witnesses and we ask for an order excluding the witnesses. There are apparently two young men involved in this and we feel that they shouldn’t be present when the other one is testifying. The Court: I will exclude all people from the courtroom and the witnesses will be excluded and the Marshal will indicate where they are to remain until such time as they are needed for their testimony. Mr. Mead : Beady for the defendant Utley. The Court: All…