Daniel

Alan Charles Daniel appeals from the judgment entered followng a jury trial in which he was convicted of attempting to sell a person. (Pen. Code, § 181.) He contends that Penal Code section 181 does not apply to the facts herein and that the court erroneously refused jury instructions submitted by defendant.

Facts

Viewing the evidence in accordance with the usual rules on appeal (People v. Barnes (1986) 42 Cal.3d 284, 303 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ]), it was established that in approximately April 1985 appellant allowed Susan and Ronald Miulli to take his 17-month-old daughter to live with them. Appellant did not believe he could take care of his daughter and he had been told that the Miullis had a great deal of money and would make fine parents.

After appellant’s daughter had been living with the Miullis for approximately four months, appellant stated to the Miullis that he liked their home and might be interested in trading it for his condominium.

On November 21, 1985, Nikki Campbell, Susan Miulli’s mother, brought appellant’s daughter to his home for a visit. Appellant told Campbell he had to talk to Ron Miulli immediately. When Ron Miulli spoke to…