People v. Roberts

Opinion

SCHWEITZER, Acting P. J.

Defendant was charged in five counts with having aided and abetted five children, ages 8 to 13 years of age, to commit violations of Penal Code section 288 with themselves and with one another. The People appeal from an order setting aside counts I and II of the information. (Pen. Code, § 995.)

In granting the motion to dismiss these two counts the trial court stated that there was no evidence that defendant touched the alleged victims mentioned therein, that to constitute a violation of section 288, evidence of physical touching for sexual reasons is required;…