People v. McNair

From a judgment of guilty of violating section 647a, subdivision (1), of the Penal Code, after trial be fore the court without a jury, defendant appeals. There is also an appeal from the order denying his motion for a new trial.

Facts: * On May 10, 1953, a 7-year-old girl was playing in the area which separated two apartment houses. While she was so playing she observed defendant half out the window of his apartment, naked, waving his hands outward. When anybody besides the little girl appeared defendant withdrew into his apartment. His penis was flush with the outside of the building and…