People v. Sutton

Defendant appeals from judgment of conviction, after jury trial, of violation of section 285, Penal Code, incest, 1 and from the order denying new trial. 2

Question Presented.

Was the failure to give a cautionary instruction, when none was requested by defendant, prejudicial ?

Evidence.

Janice Sutton, the complaining witness and the daughter of the defendant, testified that on August 23, 1960, she accompanied defendant, her father, in a Chevrolet automobile, to check on a winch truck owned by defendant. The truck was kept in a wrecking yard outside Crescent City, California. Defendant left her in…