People v. Esposti

Defendant, who was charged with statutory rape (Pen. Code, subd. 1, § 261) and a violation of section 702 of the Welfare and Institutions Code (contributing to the delinquency of a minor), was convicted by the court, sitting without a jury, of attempt to commit rape and of violation of said section 702. On appeal, the only ground stated by defendant was the alleged insufficiency of the evidence to sustain the judgment of the court. An amicus curiae brief was filed raising three additional points, and on argument the court raised a still further question. These will be discussed later.

Evidence…