People v. Koontz

Defendant was charged in two counts with violations of Penal Code, sections 288 and 285, lewd conduct with a child and incest. He was found guilty of incest and not guilty on the other count.

Appellant’s daughter, then 13, testified that appellant met her and her twin brother on the street and took them to his apartment where, after sending the brother out to buy cookies, he had an act of sexual intercourse with her. Appellant’s sole contention on appeal is that there was not sufficient evidence of sexual penetration.

On direct examination the little girl, not in answer to leading questions,…