People v. Downer

Defendant appeals from a judgment of guilty of the crime of attempted incest, after trial before a jury.

Viewed in the light most favorable to the People, the record discloses the following facts.

Defendant, his daughter, and his son lived in a two-bedroom trailer house outside of Lewiston, Trinity County, California. The trailer was composed of one back bedroom separated from another bedroom by a bathroom. The second bedroom contained two bunk beds, the lower of which was occupied by defendant and the upper by his son; defendant’s daughter, Bonita, occupied the back bedroom.

December 5, 1959,…