People v. Smith

In an information in two counts, the defendant was charged in count I with unlawfully committing a lewd and lascivious act upon the body of a 5-year-old female child. In count II, the defendant was charged with a similar act as to the same child. The defendant pleaded not guilty and waived a jury trial. The court found him guilty as to the charge set forth in count II, and not guilty as to the charge set forth in count I. Three doctors were appointed by the court, under the provisions of section 5504, Welfare and Institutions Code, and the defendant was committed to Atascadero State Hospital…