McFadden

People v. McFadden

Good Law
13 Cal. Rptr. 129·192 Cal. App. 2d 212·1961 Cal. App. LEXIS 1929
Court of Appeal of CaliforniaMay 17, 1961Crim. No. 3858California905 words

Opinion

Lead Opinion

Kaufman, J.

Philip C. McFadden, in propria persona, appeals from a judgment rendered on a jury verdict finding him guilty of a violation of section 288a of the Penal Code, and from the order denying his motion for a new trial. The chief contentions on appeal relate to the sufficiency of the evidence, the admission of certain evidence, the competency of appellant’s attorney, and the instructions to the jury.

The appellant also raises certain objections relating to his treatment prior to the preliminary hearing and the regularity thereof. However, since the appellant failed to move to dismiss the information, these matters have been waived and cannot be raised on this appeal (Pen. Code, §§ 995, 996). The appellant also raises some extraneous matters relating to the voir dire examination of the jurors. How *214 ever, he did not request the inclusion of this portion of the proceedings in the record on appeal and it cannot be considered on this appeal.

Appellant’s major argument is that the evidence does not support the verdict and judgment. We do not deem it necessary to describe the facts in detail. Upon a careful scrutiny of the record, we think there is no question that the evidence is more…

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