Nugent

Benson Brand Nugent appeals from a judgment entered after a jury found him guilty of seven counts of violations of Penal Code section 288 (lewd and lascivious conduct with a child); appellant was declared an habitual criminal under the provisions of Penal Code section 644, based on three prior felony convictions.

During July and August 1969 appellant was employed as a construction worker at a residence in. Pacifica, California. The residence had previously been gutted by fire and was in the process of being restored. Following the fire children in the neighborhood regularly played in the premises. The testimony covering the seven counts of violation of Penal Code section 288 is fairly summarized by saying that appellant admits that he played with the children and, in the process, appellant admits that he hugged them and had contact with their legs, arms and skin, but denies ever having fondled or molested any of the girls. The alleged victims testified that appellant on different occasions had done such things as rubbing their hips, putting his arm around them in such a way as to squeeze their breasts, taking down their outer pants or putting his hands inside their…