Simpson

Defendant was charged, tried, and convicted of the crime of pimping as defined by the statute (Stats. 1911, p. 10). A motion for a new trial was made and denied. This appeal is from the judgment and order. The evidence is of a sordid character, but it is unnecessary for a discussion of the case to review it extensively. Briefly stated, it discloses the following facts: Defendant operated in the city of Fresno what is designáted in the record as a massage parlor. The establishment was frequented by male patrons and the duties of the female attendants employed by defendant was to bathe and massage nude men. Sexual commerce was also indulged in. There is evidence to show that defendant was familiar with this fact and that a charge of five dollars was made for a bath, massage, and intercourse. There is also evidence to show that the female attendants operated under a percentage basis, the defendant receiving his share of the money derived from the enterprise.

The grounds relied upon for a reversal of the judgment and order are: (1) That the court abused its discretion in not granting defendant’s second motion for a continuance of the trial; (2) insufficiency of the evidence to bring…