Berry

—Donald Paul Berry appeals from a judgment of conviction, pursuant to a jury verdict, of three counts of committing lewd and lascivious acts upon the body of a child (Pen. Code, § 288). Appellant was denied probation and sentenced to state prison on each count.

The record reffects the testimony of two little girls as prosecution witnesses. Carrie Jorgenson, a six-year-old first grade pupil, was frequently taken to the Berry home by her mother during 1964 and early 1965 to be cared for by appellant’s wife, Millie. Customarily Millie cared for several children, in addition to her own family, while their mothers went to work.

Carrie testified that when she was left at the Berry home on Sundays, Millie took the older children to Sunday school and Carrie was left alone with “Don” and the younger children. Frequently on these Sunday mornings appellant would take Carrie into the bathroom or the Berry children’s bedroom. Carrie and he would remove their clothing, and appellant would have Carrie lie on a rug which he placed upon the floor. Then appellant would kneel over her and insert his “thing” and “stuff would come out.” On one occasion he placed his ‘‘thing” in her mouth and at…