Newton

People v. Newton

Good Law
11 Cal. App. 762·1909 Cal. App. LEXIS 189·106 P. 247
Court of Appeal of CaliforniaNovember 16, 1909Crim. No. 202.California1,549 words

Opinion

Lead Opinion

Hall, J.

Defendant was charged with the crime of abduction as defined by section 267 of the Penal Code, and upon trial was convicted. Upon this her appeal, taken from the judgment rendered against her, it is claimed that the evidence is insufficient to sustain the verdict: 1. Because it is not shown that the abduction was for the purpose of prostitution; and 2. Because there is no proof of the allegation that the person alleged to have been abducted was unmarried.

The section under which the prosecution was had requires that the abduction be “for the purpose of prostitution,” and accordingly it was so charged. The purpose or intent with which the abduction was done is peculiarly a matter for the determination of the jury. In this case we think the evidence in the record amply supports the determination of the jury upon this point. It was in proof that the defendant met the girl alleged to have been abducted on the evening of June 14, 1909, and induced her to go with defendant to the home of defendant. Defendant caused the girl to comb and arrange -her hair. The girl testified that while she was combing her hair defendant told her that she, defendant, had from eighteen to nineteen men…

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