Willis

Defendant was convicted by a jury of the following offenses committed on one K. on November 25, 1953: (1) violation of section 288a, Penal Code (oral copulation); (2) violation of section 286, Penal Code (sodomy); (3) violation of section 245, Penal Code (assault with a deadly weapon); and of one offense committed on one E. on November 27, 1953, violation of section 288a, Penal Code (oral copulation). The information charged and defendant admitted two priors, murder and burglary. Defendant appeals from the judgment of conviction and the order denying a new trial.

Questions Presented

1. Were K. and E. accomplices so that their testimony had to be corroborated?

2. Was the plaintiff’s evidence inherently improbable or inconsistent ?

3. Effect of failure to give cautionary instruction on court’s own motion.

4. Alleged misconduct of district attorney.

Evidence

Only such portions of the revolting details as are necessary to the decision will be given. K., a white sailor on liberty from Treasure Island, testified that about 9:30 p. m. on the Embarcadero he was accosted by defendant, a Negro whom he had never seen before. Defendant asked him if he wanted a girl. K. declined.…