People v. Rocha

After a jury trial the defendant was convicted of accepting the earnings of a prostitute without consideration. MCLA § 750.457 (Stat Ann 1954 Rev §28.712). He now appeals raising several issues.

*133The defendant contends that the trial court erred in refusing to give a requested jury instruction. The defendant’s theory of the case was that he received the prostitute’s money under an agreement that he would provide such things as clothing and a car and return any surplus to her. The defendant requested an instruction upon this theory of disinterested altruism which he labels a bailment theory. The…