Adams

From each of two judgments which were rendered against defendant pursuant to several verdicts by a jury to the effect that defendant was guilty of a violation of the provisions of section 288 of the Penal Code, defendant has caused to be presented to this court his appeal which originally was decided by the District Court of Appeal. Specifically, it was charged in the information upon which he was tried that defendant did “lewdly commit a lewd and lascivious act upon and with the body, members and private parts thereof, of one Cornelia-, who was then and there a female child ... of the age of five years ...” Defendant also appeals from the order by which his motion for a new trial was denied.

Although the child testified in great detail concerning the commission of the offense, an examination of her testimony, as it a/ppears in the reporter’s transcript thereof, reveals many discrepancies, inconsistencies and improbable statements in her story. Indeed, in various respects, her several incidental statements are directly contradicted by different apparently disinterested witnesses. In no essential particulars was the testimony of the child directly corroborated; and when the fact…