People v. Stewart

Opinion

McCLOSKY, J.

Defendant, Charles W. Stewart, appeals from a judgment founded upon the jury’s verdict finding him guilty of oral copulation with a person under the age of 18 years (Pen. Code, § 288a, subd. (b)(1), count I) and attempted incest (Pen. Code, §§ 664, 285, count II).

Contentions

Defendant raises the following contentions on appeal:(1) “Since neither intent nor identity was a disputed issue, evidence of appellant’s prior molestations of his daughter showed only his disposition to molest her on the occasion of the charged crimes, and hence was inad missible under People v. Tassel…