People v. Russel

Defendant was charged by indictment with one count of committing lewd and lascivious acts upon the body of a child under the age of 14 years (Pen. Code, §288; count I) and two counts of incest (Pen. Code, §285; counts 2 and 3) ; he was also charged with three prior felony convictions. He pleaded not guilty and admitted the prior felony convictions. On May 24, 1966, a jury was unable to reach a verdict, and the court declared a mistrial and discharged the jury. On August 23, 1966, after retrial, a jury found defendant guilty of two counts of incest as charged in counts 2 and 3 of the…