People v. Berry

—Donald Paul Berry appeals from a judgment of conviction, pursuant to a jury verdict, of three counts of committing lewd and lascivious acts upon the body of a child (Pen. Code, § 288). Appellant was denied probation and sentenced to state prison on each count.

The record reffects the testimony of two little girls as prosecution witnesses. Carrie Jorgenson, a six-year-old first grade pupil, was frequently taken to the Berry home by her mother during 1964 and early 1965 to be cared for by appellant’s wife, Millie. Customarily Millie cared for several children, in addition to her own family,…