Burrows

—A jury found appellant guilty of false imprisonment (violation of Pen. Code, § 236) and employment of a minor in the preparation of obscene matter (violation of Pen. Code, § 311.4). Appellant admitted a prior conviction under section 311.4; this makes the second offense a felony (Pen. Code, § 311.9, subd. (b)). The appeal is from a judgment sentencing the defendant to concurrent terms in the state prison.

The evidence clearly established that appellant, a homosexual deviate, lured the 20-year-old complaining witness to appellant’s house one night and took obscene photographs of him. There was ample evidence of false imprisonment. During part of the episode appellant chained and shackled the complaining witness, hand and foot, and abused him sexually, to his great alarm. Appellant’s only contention regarding the conviction for false imprisonment is that the court erred in failing to deliver a balanced and complete instruction on motive. The court informed the jury, in language proposed by the prosecution, that “Although it is not necessary that a motive on the part of the defendant be established to show [the] crime of false imprisonment, a motive on his part is an important…