Funtas

People v. Funtas

Good Law
1919 Cal. App. LEXIS 372·41 Cal. App. 408·182 P. 785
Court of Appeal of CaliforniaJune 7, 1919Crim. No. 848.California829 words

Opinion

Lead Opinion

Kerrigan, J.

Defendant was convicted of the : in

famous crime against nature and prosecutes this appeal from the judgment. He relies upon two points for reversal, viz.: (1) That the evidence is insufficient to support ¡the verdict, and (2) that the court erred in failing to instruct the jury that the testimony of an accomplice is to be viewed with distrust. -

[1] The evidence in the ease is of a sordid character, and it is not necessary to refer to it in any great detail. The testimony of the accomplice in the offense, a boy fourteen years of age, shows when and where the defendant and himself met, the method adopted by the defendant for inducing him to visit defendant’s room, all that was done there on the occasion of two of such visits, which comprehended the act upon which the charge was based. Notwith standing the criticism of appellant’s counsel, this testimony appears to be full, straightforward, and free from material discrepancies. Mrs. Bessie Preston, who conducted the lodging-house where the defendant roomed, testified that several visits made by defendant to the room of her own son aroused her suspicion as to defendant’s conduct with Frank Lynch, the accomplice above mentioned.…

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