People v. Gentry

Defendant appeals from a judgment sentencing him to state prison after conviction by a jury of inflicting cruel or inhuman corporal punishment upon a child in violation of Penal Code section 273d.

Appellant Gentry’s contentions are several. None can be sustained. Principal among the arguable questions on this appeal is that the rule of People v. Johnson (1968) 68 Cal.2d 646 [68 Cal.Rptr. 599, 441 P.2d 111] 1 should be extended to exclude evidence which the trial court here admitted to establish a past recollection recorded. We hold Johnson is inapplicable. Other questions are considered under…