PEOPLE v. McCAIN

Docket No. 7666.

200 Cal.App.2d 825 (1962)

19 Cal. Rptr. 550

THE PEOPLE, Plaintiff and Respondent, v. JOHN WILLIAM McCAIN, Defendant and Appellant.

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

March 1, 1962.


Attorney(s) appearing for the Case

Gladys Towles Root and Eugene V. McPherson for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and George W. Kell, Deputy Attorney General, for Plaintiff and Respondent.


ASHBURN, J.

Defendant was convicted after a non-jury trial of violation of section 288, Penal Code, commission of lewd and lascivious acts upon the body of a child under 14 — a boy of the age of 11 years. The facts present one of the familiar variations of the man and boy pattern which finds many examples in the official reports. Defendant appeals from the judgment, an order denying his motion for new trial and an order committing him to Atascadero State Hospital...

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