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PEOPLE v. MORGAN

Docket No. 5709.

146 Cal.App.2d 722 (1956)

304 P.2d 138

THE PEOPLE, Respondent, v. IRVIN LEON MORGAN et al., Defendants; THOMAS DRAPER, Appellant.

Court of Appeals of California, Second District, Division Two.

December 12, 1956.

Attorney(s) appearing for the Case

Eugene V. McPherson, Joseph A. Armstrong and Gladys Towles Root for Appellant.

Edmund G. Brown, Attorney General, and Norman H. Sokolow, Deputy Attorney General, for Respondent.

ASHBURN, J.

Defendant Draper appeals from a judgment of conviction of the charge of commission of the infamous crime against nature (Pen. Code, § 286) upon his willing codefendant Morgan. The crime was proved by an eye witness and defendant did not testify or offer any defense witnesses.

It is claimed that certain evidence was received in violation of the Cahan rule (44 Cal.2d 434 [282 P.2d 905

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