Loignon

Defendant was convicted of violating Penal Code, sections 288a and 288 and attempted kidnaping. He was sentenced to the penitentiary on each count. All of these offenses were committed on August 17, 1956. A conviction in 1948 of child stealing was alleged and admitted. Defendant was granted probation on that charge, one of the conditions being that he was “not to associate with minors unless in the presence of responsible adults.” Upon conviction in the current case defendant’s probation was revoked and he was sentenced to the state penitentiary on that charge; the sentence, however, was to run concurrently with those mentioned above. Defendant has appealed from the judgment and sentence in each ease.

Appeal Number 5980

On the evening of August 17, 1956, Stanley and his mother were at his father’s store. At approximately 8 o’clock Stanley was skating back and forth to the corner from the front of the store. Defendant, whose car was parked across the street, engaged Stanley, who was nearly six, in conversation and invited him to go for a ride, which invitation he accepted. Stanley suggested that they go around the block; defendant, however, took him down to the railway tracks…