People v. Stampher

This is an appeal from a judgment of conviction of violation of section 288 of the Penal Code and from an order denying a new trial. Trial was had without a jury.

Appellant was accused by information of committing lewd and lascivious acts upon the body of the prosecutrix, his 12-year-old daughter. The prosecutrix testified that on or about September 30, 1957, around 4:10 p.m. she came home from school and went into the bathroom. Appellant followed her into the bathroom and asked her to engage in an act of sexual intercourse. The prosecutrix said no, but the appellant pulled her panties down…