People v. Moody

Louis L. Moody was convicted by a jury of four violations of section 288 of the Penal Code. (Lewd and lascivious conduct with a child' under the age of 14 years “with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of such child, . . .”) Moody was found to be a sexual psychopath and committed to a state hospital for observation. A motion for a new trial was denied and this appeal is properly from the order of the court denying the motion for a new trial. (Pen. Code, § 1237; Cal.Rules of Court, rule 31. )

The following is a brief summary of the evidence as shown by the record:

Moody operated a barbershop in Sacramento. One day he saw R. and A., both under the age of 14, walking on the street in front of his shop. He engaged them in conversation. Tie then invited them into the back room of the shop where he exposed himself and asked them to touch it. The girls refused. Several weeks later R. and A. returned to the shop and went into the back room with Moody. The girls testified that A. lay down on a white bench and Mr. Moody exposed himself and got on top of A. and put his penis between her legs. Thereafter he engaged in…