People v. Aleshire

This is an appeal from an order denying a motion for a new trial following a judgment, of guilty of violating section 288 of the Penal Code, after trial before the court without a jury.

Viewing the evidence most favorable to the People (respondent) the essential facts are:

In May, 1948, defendant took a female child of the age of 7 years into his dark room where he developed photographic negatives. The room was dark and the child was dressed in her sleepers. He placed her on a high stool, sucked her navel and placed her hand upon his private parts.

Questions Presented for Determination

First: Is…