People v. Smith

The defendant was charged with the commission of the felony defined by section 288 of the Penal Code, which punishes lewd and lascivious conduct with minor children; and the point that the appellant makes in his appeal from the judgment and order appealed from is that because defendant’s conviction was of an attempt to commit the act charged there is no evidence warranting the verdict, for the reason that the information charges that the defendant placed his hands upon certain parts of a minor female child and there is no direct evidence to that effect. It is argued that he could not be convicted of an attempt, because the prosecution did not show specifically that he had made any move to place his hands upon the parts in question. The appellant also contends that the evidence does not show his guilt beyond a reasonable doubt.

Considering the latter point first, we think it sufficient to say that the jury by its verdict has decided it contrary to appellant’s contention.

As to the first point urged, the evidence introduced at the trial was direct and circumstantial. There is circumstantial evidence of the defendant taking the child into a bam or vacant house, and that the child’s…