People v. Smith

On the 27th day of May, 1936, the district attorney of the county of Lake filed an information in which he accused the defendant of a felony, to wit, child stealing, based on section 278 of the Penal Code. The information alleges that the defendant, on or about the 10th day of May, 1936, in the county of Lake, state of California, did then and there wilfully, unlawfully and maliciously take away a minor child, to wit, Mary Spiers, then and there of the age of thirteen years, with the intent then and there to retain and conceal such child from J. C. Anton who was then and there the probation officer of Lake County, and who was then and there the person having the lawful charge of such child, etc. To this information the defendant pleaded not guilty.

The trial resulted in the conviction of the defendant, and his motion for new trial being denied, an appeal is taken to this court both from the judgment based upon the verdict of the jury and the order denying his motion for a new trial.

The record shows the following facts:

While at the Hoopers near Chowchilla, in Madera County, it appears that Mary Spiers drove the defendant’s car about the neighborhood until a breakdown in the…