Morris

—Appellant was charged with forcible rape (Pen. Code, § 261, subd. 3); statutory rape (Pen. Code, § 261, subd. 1), and lewd and lascivious conduct (Pen. Code, § 288). The latter charge was dismissed before trial. A jury found him guilty of contributing to the delinquency of a minor, a lesser offense included within the charge of statutory rape. He appeals.

We need not detail the evidence. Appellant’s contentions relate purely to questions of law. His contention that the court committed prejudicial error in failing to instruct the jury on the presumption of innocence is well taken, and compels reversal of the judgment.

In instructing the jury, the trial judge did not use the standard jury instructions found in CALJIC. Rather, he formulated his own instructions, and it is apparent from their text, considered as a whole, that he sought to couch them in language more meaningful and familiar to the layman than that used in the form book. The purpose is commendable, but as prior cases show, the peril is great. (See People v. Castro, 68 Cal.App.2d 491, 497 [ 157 P.2d 25 ], and cases cited.)

Appellant requested the court to read CALJIC 21 to the jury. This instruction is an exact…