Prizant
People v. Prizant
Opinion
Opinion
Nick M. Prizant, Speros Sarras, Alice M. Holling, Pat McGee and Barbara Jean Elliott were accused of the crime of conspiracy (Pen. Code, § 182) to violate sections 266h (pimping) and 266i (pandering) of the Penal Code and section 41.08 of the Municipal Code of the City of Los Angeles. The victim was Evelyn Morgan.
Prizant was accused of four substantive offenses of pimping, was jointly accused with McGee of two offenses of pandering, jointly accused with Elliott of an offense of pandering and jointly accused with Holling of an offense of pandering. Prizant was acquitted of two offenses of pandering and he and the other defendants were convicted of all other offenses charged. All the defendants made motions for new trial; the motion of Elliott was granted as to the conspiracy count. Prizant was sentenced to state prison; Sarras was granted probation on condition he spend six months in jail and Holling, McGee and Elliott were sentenced to the California Institution for Women. All defendants appeal from the judgments and all except McGee appeal from orders denying their motions for a new trial.
All defendants urge reversal of the judgments upon the ground that during…
Lead Opinion
Shinn, J.
Nick M. Prizant, Speros Sarras, Alice M. Holling, Pat McGee and Barbara Jean Elliott were accused oE the crime of conspiracy (Pen. Code, § 182) to violate sections 266h (pimping) and 266i (pandering) of the Penal Code and section 41.08 of the Municipal Code of the City of Los Angeles. The victim was Evelyn Morgan.
Prizant was accused of four substantive offenses of pimping, was jointly accused with McGee of two offenses of pandering, jointly accused with Elliott of an offense of pandering and jointly accused with Holling of an offense of pandering. Prizant was acquitted of two offenses of pandering and he and the other defendants were convicted of all other offenses charged. All the defendants made motions for new trial; the motion of Elliott was granted as to the conspiracy count. *544 Prizant was sentenced to state prison; Sarras was granted probation on condition he spend six months in jail and Holling, McGee and Elliott were sentenced to the California Institution for Women. All defendants appeal from the judgments and all except McGee appeal from orders denying their motions for a new trial.
All defendants urge reversal of the judgments upon the ground that during the…
Dissenting Opinion
Ford, J.
I dissent. I do not believe that the reasoning of People v. Elliot, 54 Cal.2d 498 [ 6 Cal.Rptr. 753 , 354 P.2d 225 ], compels the conclusion reached in the prevailing opinion in the present ease.
In the Elliot ease a newspaper reporter, a person having no connection with the case other than as a member of the public, was permitted to be in the courtroom during the preliminary examination despite the motion of the defendant made pursuant to section 868 of the Penal Code. The Supreme Court held that there had been a denial of a substantial right of the defendant. The court stated (p. 504) : “One of the main purposes of section 868 is to give the defendant the opportunity of protecting his right to an impartial and unbiased jury by preventing dissemination of this testimony, either by newspaper or other media prior to trial. . . . This right may be substantially impaired if the protection afforded by section 868 is denied.” The court held that the conviction could not be saved by article VI, section 4%, of the California Constitution because “When a defendant has been denied a fair trial prejudice must be presumed.” (P. 506.)