People v. Smith

This is an appeal by the defendant from a judgment upon a verdict of a jury finding him guilty of a violation of section 266g of the Penal Code of the state of California. Said section reads as follows: “Every man who, by force, intimidation, threats, persuasions, promises, or any other means, places or leaves, or procures any other person or persons to place or leave, his wife in a house of prostitution, or connives at or consents to, or permits, the placing or leaving of his wife m a house of prostitution, or allows or permits her to remain therein, is guilty of a felony and punishable by imprisonment in the state prison for not less than three por more than ten years; and in all prosecutions under this section a wife is a competent witness against her husband.”

The evidence presented at the trial is not included in the record presented to us upon this appeal, and appellant’s contentions are, first, that the trial court erred in a certain instruction to the jury, and, second, that the defendant was prejudiced by certain alleged misconduct of the deputy district attorney in his closing argument to the jury.

As we have stated, the evidence is not before us and we must assume…