People v. Spencer

At a preliminary hearing, held before this court, the defendant was charged with a felony of attempted .sodomy and endangering the welfare of a minor, a misdemeanor.

The charges, contained in the affidavit of the mother of an eight-year-old boy, state that the defendant, seated in an automobile called the child to the car and offered him money to commit an act of sodomy. The hoy rejected the offer and reported the incident to his mother the same day.

At the preliminary hearing, the sworn testimony of the arresting officer supported some details of the boy’s unsworn account.

The child’s evidence,…