People v. Whitehurst

VALLÉE, J.

Defendant was charged in four counts with (1) a violation of section 288 of the Penal Code, lewd and lascivious act on the body of a child 10 years of age (Count I); (2) a violation of section 288(a), copulation of the sexual organ of the same child (Count II); (3) a violation of section 286, sodomy on the same child (Count III); a violation of section 207, kidnaping the child (Count IV). He was convicted by the court, sitting without a jury, of the offense charged in Count I, and acquitted of the offenses charged in Counts II, III and IV. He was found not to be a sexual psychopath.…