People v. Weinrich
People v. Weinrich
Opinion of the Court
Defendant was charged with violation of section 288 of the Penal Code. In a trial by jury, he was convicted. Probation was granted. He appeals from the order denying his motion for a new trial.
Appellant contends that the evidence is insufficient to support the judgment. His argument is that there are “discrepancies, inconsistencies and improbable statements” in the testimony of the prosecutrix, a 9-year-old girl. The basis for the argument is that she first testified that defendant touched a certain part of her body when she had her right foot on the running board of an automobile, and thereafter she testified that he touched a different part of her body when her right foot was on the ground. In People v. Slobodion, 31 Cal.2d 555 [191 P.2d 1], wherein one charge was the violation of said section 288, the prosecutrix, a 6-year-old girl, made inaccurate statements as to the number of days in a week, the month when the incident occurred, the size of the defendant, and whether defendant wore a necktie. The appellant therein
The order denying the motion for a new trial is affirmed.
Shinn, P. J., and Vallee, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.