Becker
People v. Becker
Opinion
Lead Opinion
Appellant Fred J. Becker was convicted on two counts of violation of section 288 of the Penal Code.
Shortly after his arrest appellant signed a confession. This confession was introduced in evidence by the prosecution. Appellant contends that this confession was not freely or voluntarily made and that the statement as signed is not a true recital of his answer to a particular question therein contained. The court fully and properly instructed the jury as to these matters and under the instructions and the evidence in the ease, appellant’s said contention cannot be sustained.
Appellant claims that the testimony of the complaining witness, a boy about eleven years of age, is so filled with discrepancies and contradictory statements made at various times and is so inherently improbable, that the boy is not worthy of belief and that we should say as a matter of law that a conviction cannot rest upon such testimony. It is true that there are some contradictions in the boy’s testimony which go to the weight of his testimony as a whole, but the jurors had him before them and, under the evidence in the case, we cannot disturb their verdict on this ground.