People v. Chester

Appellant was accused by information of the rape of a 16-year-old girl. (Pen. Code, § 261, subd. 1.) A jury convicted him of contributing to the delinquency of a minor, lesser offense (misdemeanor) necessarily included in the charge. He was placed on probation on condition that he abide in the county jail for six months. He has appealed from the order granting probation. (Pen. Code, § 1237.)

The facts established disclose that the conviction was justified, and the appeal is in vain. The evidence taken at the preliminary hearing was used by the court below, in part.

The victim, Miss Hajaly, was…