People v. Phillips

WOOD (Fred B.), J.

Convicted of violating section 207 of the Penal Code (kidnaping) defendant-appellant claims there was no proof that he forcibly took the victim and carried her into another part of the same county.

John Machado was awakened at approximately a half hour past midnight (January 4, 1958), by sounds which he believed were made by his 6-year-old daughter, Sheryl Ann. Arising to investigate he found her missing from her bed. Continuing his search, he went to the back door porch of the basement and saw his daughter on the ground with a man lying prone over her, approximately 15 feet…