Kelley

By information defendant was accused, in two counts, of the crime of indecent exposure in violation of section 311, subdivision 1, of the Penal Code, with a prior conviction of said section and subdivision, a felony. It was also alleged in the information that on September 6, 1955, before the commission of the offense set forth herein, the defendant was convicted of the crime of indecent exposure in violation of section 311, subdivision 1, of the Penal Code, with a prior conviction of violation of section 311, subdivision 1, of the Penal Code, a felony. Further reference to this allegation of prior conviction will be made later herein. In a trial by jury he was found not guilty as to the first count, and was found guilty as to the second count. Probation was granted. He appeals from the judgment on the second count, and from the order denying his motion for a new trial.

Appellant asserts that the deputy district attorney was guilty of prejudicial misconduct, and that the court erred in overruling appellant’s objection to certain testimony.

Stephanie, a girl about 8 years of age, testified that she and Rosa (a girl about 9 years of age) were neighbors in Burbank ; in August,…