McCain

In a jury trial in which he was represented by private counsel, John William McCain was convicted of violation of section 288 of the Penal Code. His accuser was a boy 11 years of age. His testimony was that the offense was committed in a restroom of a church in Long Beach. After the verdict was returned, a probation officer’s report was ordered and physicians were appointed under section 5504 of the Welfare and Institutions Code to examine the defendant. Defendant made a motion for new trial, which was denied. Thereafter evidence was received and the court adjudged defendant to be a sexual psychopath and he was committed to Atascadero for observation and diagnosis for a period of not to exceed 90 days. It appears in the clerk’s minutes that the doctors who examined defendant in the present case had also examined him in another case in which, according to the record, defendant had been convicted of another offense of violation of section 288, and the written reports of the physicians in each ease were considered by the court in the present ease in reaching the conclusion that the defendant is a sexual psychopath within chapter 4 of part 1, division VI of the Welfare and…