People v. Banos

Defendant was convicted by a jury on a grand jury indictment of lewd and lascivious acts in violation of Penal Code section 288. Contentions on appeal (also made on a denied motion for new trial) are that there was error in: (1) the admission of certain evidence relating to defendant’s conduct, (2) the receiving in evidence of defendant’s extrajudicial admission said to have been induced by coercion, and (3) the refusal of certain instructions.

Defendant is 31 years old. The alleged victim is his niece, 5 years of age at the time of the acts charged, 6 years at the time of the trial. The case…