Jones

The defendant was indicted for the crime of sex perversion with a child under the age of 14 years and 10 years his junior, i.e., a violation of section 288a of the Penal Code; entered a dual plea of “not guilty” and “not guilty by reason of insanity”; was tried by a jury which found him guilty of the offense charged; withdrew his plea of not guilty by reason of insanity; made an application for probation, which was denied; was certified for examination as a sexual psychopath and was declared not to be such; made a motion for a new trial, which was denied; was sentenced to the state prison; and appeals from the judgment entered, the order denying him probation and the order denying a new trial. The orders in question are not appealable, and the attempted appeal therefrom should be dismissed. (Pen. Code, § 1237.)

The evidence in this case overwhelmingly establishes that the defendant committed an act of sex perversion described in section 288a of the Penal Code upon the body of his stepdaughter ; that the act was committed on the night of July 26, 1961, after his stepdaughter had gone to bed, and while his wife was away from home; that he was then 35 years of age ; and that his…