gno.law

People v. Curtis

California Court of Appeal · Crim. No. 3. · 1905-05-22 · Published · 81 P. 674 · 1 Cal. App. 1 · 1905 Cal. App. LEXIS 12

The PEOPLE, Respondent, v. C. L. CURTIS, Appellant

Proceeding
appeal from a judgment
Trial court
Superior Court of the City and County of San Francisco and from an order denying a new trial
Trial judge
Carroll Cook
Outcome
affirmed — order are affirmed.
Area
criminal
Panel
Candace D. Cooper (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Cooper

COOPER, J.

Defendant prosecutes this appeal from the judgment of conviction and the order denying his motion for a new trial.

, The prosecution was under section 288 of the Penal Code, which reads as follows: “Any person who shall willfully and lewdly commit any le^vd or lascivious act other than the acts constituting other crimes,-provided for in part two of this code upon or with the body, or any part or member thereof, *2 of a child under the age of fourteen years, with the intent of arousing, appealing to, or gratifying the lust or passions- or sexual desires of such person or of such child, shall be guilty of a felony and shall be imprisoned in the state prison not less-than one year.”

The sole point relied upon here is, that the information fails to charge a public offense, because it does not show that the defendant and the child upon and with whom the crime was committed are of opposite sexes; that it does not show that defendant is a male, nor that the child is a female.

It is not necessary that the information contain any statement a's to the sex of the parties or either of them. Any person who commits the acts, named in the section, upon or with the body of a child under the age of fourteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or child is guilty of a crime under the section. If the acts prohibited were committed by defendant upon or with the body of a child of the-same sex as defendant, he would nevertheless be guilty. The legislature has not seen fit to make any reference to sex in the section, and it is not for this court to do so. It is sufficient that the information charges the offense substantially in the-language of the statute.

The judgment and order are affirmed.

Hall, J., and Harrison, P. J., concurred.

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