State v. Moss, 28123.

• Decision Date: 23 December 1940
• Docket Number: 28123.
• Citation: 108 P.2d 633,6 Wn.2d 629
• Parties: STATE v. MOSS.
• Court: Washington Supreme Court

108 P.2d 633

6 Wn.2d 629

STATE v. MOSS.

No. 28123.

Supreme Court of Washington

December 23, 1940

Department 2.

William Moss was convicted of an offense under an information charging defendant with taking indecent liberties with a female person under the age of 15 years who was not defendant's wife, and he appeals.

Affirmed.

Appeal from Superior Court, Grant County; E. W. Schwellenbach Judge.

Clinton & Southard, of Ephrata, for appellant.

Lowell B. Vail and James Wickwire, both of Ephrata, for respondent.

MILLARD Justice.

Defendant was charged by information as follows, with the crime of taking indecent liberties with a female person under the age of fifteen years: 'That the said William Moss in the County of Grant, State of Washington, on or about the 9th day of May 1940, did then and there being unlawfully and feloniously and wilfully take indecent liberties with * * *, a female person under the age of fifteen years, to-wit; of the age of nine years, the said * * * not then and there being the wife of the said William Moss.'

The information was filed under Rem.Rev.Stat.Supp. § 2442, [P.C § 9114] Ch. 74, § 2, Laws of 1937, which defines, as follows, the crime of taking indecent liberties with a female person under the age of fifteen years: 'Every person who shall take any indecent liberties with or on the person of any female under the age of fifteen years, * * * whether with or without * * * her consent, shall be guilty of a felony, * * *.'

From the judgment and sentence pronounced against him on the verdict of guilty, the defendant appeals.

The facts established by the verdict are as follows:

On May 9, 1940, between the hours of 4:30 and 5:30 p. m., the prosecuting witness, a girl nine years old, was passing the cabin of appellant in Grand Coulee, when she was accosted by appellant, who is nineteen years old and had never seen the child prior to that time. He inquired whether she wanted some dresses. She answered, 'What kind?' Appellant then caught her by the wrist, forced her to enter his bedroom, threw her onto the bed, offered her a dollar 'if I would stay, and he stood up and he tried to take down my panties.' At this juncture the girl screamed and appellant was interrupted by a newsboy who called to collect for newspapers delivered at that place. In answer to the boy's repeated knocks to attract attention, appellant went to the door, informed the newsboy 'the other man has gone downtown and he has the key with him and it is locked.' The newsboy departed and the girl again screamed. Appellant threatened to whip the girl if she 'told anybody. * * * He tried to show me the door was locked and he pulled a little too hard and it opened.' The girl ran through the open doorway and immediately informed her mother who at once complained to the sheriff who promptly arrested appellant. The confession of appellant to the arresting officers corroborates the story of the little girl and the newsboy. Appellant admitted to the officers that he took the girl into his cabin for the purpose of playing with her legs; that he sat on the bed with her and placed his hand under her dress upon her leg; and that he offered her a dollar if she would refrain from telling any one what happened. Appellant repudiated his confession when called to the stand. He testified that in his apprehension he lied to the officers but he admitted that he invited the nine year old girl, whom he did not know, into his...