PEOPLE v. GIANI

Docket No. 3233.

145 Cal.App.2d 539 (1956)

302 P.2d 813

THE PEOPLE, Appellant, v. ROBERT GIANI, Respondent.

Court of Appeals of California, First District, Division One.

October 31, 1956.


Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Raymond M. Momboisse, Deputy Attorney General, and William O. Weissich, District Attorney (Marin), for Appellant.

Paul I. Archbold for Respondent.


WOOD (Fred B.), J.

Charged with the violation of section 288a of the Penal Code, upon the person of a 15-year-old boy, defendant took the witness stand and denied the charge. Upon cross-examination the district attorney was allowed, over objection, to ask, "On May 23d of this year [the date of the alleged occurrence] were you a homosexual?" The answer was, "Yes." Assigning this as prejudicial error defendant made and the trial court granted a motion for a new trial...

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