Redford

This is an appeal from a judgment finding defendant guilty of the crime of kidnapping and sentencing defendant to the custody of the Director of Corrections for the period provided by law.

Facts

The facts shown by the record before us are substantially as follows: Defendant was charged with, and pleaded guilty to, the crimes of kidnapping (violation of Pen. Code, § 207 (count 1), and sexual perversion by force with a 5-year-old girl child, as is described in Penal Code section 288a (count 3). Other counts were dismissed.

It appears that defendant, in the early evening of December 31, 1960, went into the yard of a home in Santa Ana, where he saw through the window a 5-year-old girl. He attracted her attention and enticed her out of the house. He then grabbed her and carried her away in his truck. At a later time that night, he repeatedly, by force, committed the act of oral copulation on her sex organ. In the early morning hours of January 1, 1961, in a city in another county a considerable distance from her home, he abandoned her on a deserted street, where she eventually was found, cold, hungry and crying, by a milkman evidently making his early morning rounds. All of these…