Berry
People v. Berry
Opinion
Opinion
Devine, J.
Appellant, having been charged with violation of section 278 of the Penal Code of the State of California, which makes it a felony to take or entice away any minor child, maliciously, forcibly or fraudulently, with intent to detain and conceal such child from its parent, was convicted of the offense and was sentenced to state prison. He appeals upon the grounds that it was error for the superior court (1) to deny him a transcript of a previous trial, in which the jury disagreed, at county expense; (2) to deny him the appoint ment of an expert, to be paid by the county, to analyze certain paint specimens; and (3) to deny him the appointment of an investigator, also to be paid by the county.
Summary of the Testimony
On August 22, 1960, Stella Louise Johnson, a 12-year-old girl, was accosted, she testified, by appellant, while Stella was playing with her brother and her cousin, and was asked if she would like to baby-sit for appellant’s child. This occurred in Marin City, in the County of Marin. Appellant was in a green automobile. Stella asked her grandmother (her mother was at work) and was advised against going, but agreed with appellant to go with him. An 11-year-old girl named…