Nankervis

The defendant was charged with, tried by a jury for, and convicted of the offenses of lewd and lascivious conduct with a child and of statutory rape, i.e., violations of sections 288 and 261, subdivision 1, of the Penal Code, involving his minor daughter, Brenda, and allegedly occurring on November 1, 1958, and August 12, 1959, respectively. The defendant moved for a new trial which was denied. Thereupon he was sentenced to the state prison. From the order denying his motion for a new trial and from the judgment of imprisonment in the state prison which followed, he appeals.

As grounds for reversal the defendant contends that the trial court erred in permitting the introduction of testimony relating to complaints by his daughter, and of his confessions, and also that the evidence is insufficient to sustain his conviction.

At the outset of the People’s case, a birth certificate was admitted in evidence which showed Brenda’s date of birth to be May 15, 1945. Thereupon two police officers were called as witnesses; each testified that he had interviewed defendant’s daughter on August 18, 1959; and each was asked the question : “Did Brenda make a complaint to you of a sexual nature?”…