People v. Dunning

Decided April 25, 1910

California Court of Appeal · decided 1910-04-25

<p>Criminal Daw—Dewd and Lascivious Conduct With Child—Nonappearance for Appellant—■ Absence of Error — Affirmance.— Where a defendant convicted of the crime of lewd and lascivious conduct with a child, as provided in section 288 of the Penal Code, has appealed to this court, and no brief has been filed by appellant, and no - appearance entered in his behalf for oral argument, and it appears from an examination of the record that the evidence abundantly supports the verdict, that the instructions are correct, and that no error prejudicial to the substantial rights of appellant appears to have been committed, the judgment and order appealed from must be affirmed.</p>

Decided 1910-04-25

BURNETT, J.

¶1Defendant was convicted of the crime of lewd -and lascivious conduct with a child, as provided in section 288 of the Penal Code, and he appealed from the judgment and the order denying his motion for a new trial.

¶2No brief has been filed by appellant and no appearance was' made on his behalf when the cause was called for oral argument. The record, however, has been carefully examined and we find that the evidence abundantly supports the verdict, the instructions fully and accurately presented the questions of law involved and no error prejudicial to the substantial rights of appellant appears to have been committed. The judgment and order are therefore affirmed.

¶3Chipman, P. J., and Hart, J., concurred.