Elliott

Defendant was charged, by information, filed by the District Attorney of Los Angeles County with the crime of pimping, a felony, in violation of section 266h, Penal Code, in counts I, III, V, and VII thereof, and with the crime of pandering, a felony, in counts II, IV, VI and VIII thereof. The cause went to trial before a jury and on October 19, 1964, the jury returned its verdict finding the defendant guilty as charged in counts I, II, III, IV, VI, and VIII of the information, and not guilty as to counts V and VII thereof. A motion for a new trial was denied and probation was denied. The defendant was sentenced to state prison on each count, the sentences to run concurrently. The appeal is from the judgment.

The defendant asserts two grounds for reversal as follows: (1) The judgment as to counts I and III cannot stand because only a male person may be charged and convicted of the crime of pimping as defined in section 266h, Penal Code, and (2) the trial court committed prejudicial and reversible error in failing and refusing to instruct the jury as to the defendant’s right to remain silent.

The case of the prosecution rested entirely upon the testimony of the two victims who,…