People v. Murphy

Defendant and appellant Joseph Murphy was charged in an indictment with three violations of Penal Code, section 288, in that he committed lewd acts upon his 10-year-old stepdaughter. He was convicted on all three counts after a jury trial.

The events which formed the basis of the third count were observed through windows by defendant’s 17-year-old stepson, a neighbor and a police officer. The testimony of these witnesses was corroborated by that of the stepdaughter.

After the jury’s verdict was announced, on September 18, 1961, defendant’s counsel said:

Argument on the motion was set for hearing on the same day as the application for probation. The time for pronouncement of judgment was waived in order that a sexual psychopathy determination could be made. Following an examination by doctors, it was determined that defendant was a sexual psychopath but he was not a menace to the health and safety of others. He was remanded to the trial court for further hearing on January 5, 1962. At the hearing, defendant’s counsel argued that defendant should be granted probation, but no mention was made of the motion for a new trial. After this argument, the court asked defendant’s counsel…