People v. Murphy

Defendants Don M. Murphy and Dianna Kay Hargrove appeal from judgments of conviction entered upon jury verdicts finding each to be guilty of one count of pimping (Pen. Code, § 266h) and two counts of statutory rape (id., §261, subd. 1). Defendants were sentenced to state prison on all three counts.

Defendants’ principal grounds of attack are that the trial court committed prejudicial error (1) in denying their motion for a continuance by reason of surprise when the People amended the information in an assertedly material respect on the morning of trial, and (2) in unduly restricting the exercise of their right to cross-examine the complaining witness in relation to matters vital to their defense. The record substantiates these contentions, and we have concluded that the judgments of conviction should be reversed.

The nature of defendants’ contentions makes it necessary to summarize first the evidence taken at the preliminary examination. The materiality of that evidence in resolving the *821 issues on appeal will become readily apparent as the case develops.

The sole witness at the preliminary was Pamela Louise Laron, the 17-year-old complainant. She testified that in June 1960…