People v. Gardner

Defendant appeals from a judgment of conviction, after a jury trial, of violation of section 311, subdivision 1, of the Penal Code (indecent exposure in a public place) and from an order denying a new trial.

Questions Presented

1. Failure of court to give on its own motion (a) an instruction that evidence of oral admissions should be viewed with caution, and (b) a cautionary instruction on circumstantial evidence.

2. Alleged misconduct of the district attorney.

Evidence

Mrs. Campos, looking out of her second-story apartment window at about 4:30 p. m., saw several children playing in the street.…