contributing to the delinquency of a minor
How later courts described this case
- contributing to the delinquency of a minor
Written by the judges who cited it.
Later courts went against this
Disapproved on other grounds by People v. Rincon-Pineda, 14 Cal. 3d 864 (1975)
38 Cal.2d 34 (Nye), disapproved on other grounds in People v. Rincon-Pineda (1975) 14 Cal.3d 864, 882
The opinion
CARTER, J.
I dissent.
I do not feel that the evidence in support of the second count (assault with intent to commit rape on Mrs. P.) was sufficient to uphold the judgment of conviction. The inference that he had entered the room with intent to commit larceny is as readily deducible from the evidence in support *42 of this count, as is the inference that he intended peacefully to solicit sexual relations with her. If the evidence as to the assault on Miss W., 20 days prior to the act in question, had not been admitted in support of the second count, no one could doubt that the evidence would have been insufficient *-o uphold the judgment.
My views, with respect to the admission of evidence of crimes other than that which is charged against the defendant and for which he is being tried, have been expressed many times (see dissent People v. Dabb, 32 Cal.2d 491, 501 [ 197 P.2d 1 ]; People v. Westek, 31 Cal.2d 469, 483 [ 190 P.2d 9 ] ; People v. Peete, 28 Cal.2d 306, 322 [ 169 P.2d 924 ]; People v. Zatzke, 33 Cal.2d 480, 486 [ 202 P.2d 1009 ]) and, so long as this court continues to sanction a procedure so manifestly unjust, will be expressed many more times.
Appellant’s petition for a rehearing was denied December 10, 1951. Carter, J., was of the opinion that the petition should be granted.