People v. Owen

This is an appeal from a judgment and order denying a motion for a new trial following defendant’s conviction by a jury of lewd and lascivious conduct as set forth in Penal Code, section 288.

The complainant, a female child of the age of eleven years, and her sister, aged ten, visited defendant’s “shack” in the city of Richmond on an afternoon in the early part of July, 1944, upon the invitation of two girl friends to “play house.” The defendant worked nights and slept in the daytime. On the occasion of their first visit, the defendant asked the sisters to sit on the bed with him, gave the…