People v. Elliot
Decision Date | 25 January 1960 |
Docket Number | Cr. 6446 |
Parties | PEOPLE of State of California, Plaintiff and Respondent, v. Barbara Jean ELLIOT, George F. Richter, Robert G. Richter, Donald Harvey and Donald De Munck, Defendants. Barbara Jean Elliot, Defendant and Appellant. |
Court | California Court of Appeals Court of Appeals |
Leonard Nasatir, Los Angeles, for appellant.
Stanley Mosk, Atty. Gen., William E. James, Asst. Atty. Gen., Marvin L. Part, Deputy Atty. Gen., for respondent.
Convicted in a non-jury trial on two counts charging violations of Penal Code, § 288a, appellant was sentenced to one year in the county jail, the sentences on the two counts to run concurrently. Sentence was suspended and probation was granted on the condition, among others, that a fine of $300 be paid. Appealing from the judgment, appellant advances but one contention, namely: that the trial court erred in denying her motion 'to exclude the evidence in this matter', said motion having been made on the ground that her substantial rights had been violated when the judge presiding at her preliminary hearing allowed a newspaper reporter to remain in the courtroom after she had made an appropriate request invoking section 868 of the Penal Code.
Section 868 provides as follows: 'The magistrate must also, upon the request of the defendant, exclude from the examination every person except his clerk, the prosecutor and his counsel, the attorney general, the district attorney of the county, the defendant and his counsel, and the officer having the defendant in custody; provided, however, that when the prosecuting witness is a female she shall be entitled at all times to the attendance of a person of her own sex.'
At the opening of the trial, appellant's counsel made a motion to exclude evidence on the ground above stated. There appears to be no dispute as to the fact that at the preliminary hearing appellant sought to invoke section 868 and that the judge there presiding did in fact clear the courtroom except that a newspaper reporter was allowed to remain during at least a portion of the proceedings. In making his motion counsel commented:
The essence of appellant's argument is stated in her opening brief as follows: 'Appellant respectfully submits that a purpose of Section 868 of the Penal Code is to prevent public dissemination of unchallenged and unrefuted charges against a defendant in the initial stages of a felony prosecution so that the defendant will not stand convicted in the minds of prospective jurors, and...
To continue reading
Request your trial