Risley

Defendant, Allen Jack Risley, was charged by information with four counts of violation of Penal Code section 228a, and one count of statutory rape, Penal Code section 261 subdivision (1). After a court trial defendant was convicted of the charge in count I of violating Penal Code section 288a and was found guilty of contributing to the delinquency of a minor, a lesser offense included in the charge of rape. He was found not guilty of the remaining three counts of violating Penal Code section 288a.

Defendant appeals from an order denying a new trial, order granting probation, and from the final judgment of conviction.

Three claims of error are advanced, namely, (1) introduction into evidence of photographs which were obtained by illegal search and seizure, (2) failure to require corroboration of testimony of a minor who willingly participated in sexual acts, in regard to the offense of contributing to the delinquency of a minor, and (3) that there was insufficient corroboration of accomplice testimony.

The victim in each instance of conviction was Diana, a 16-year-old girl. She and her friend Myrna, 15 years of age, saw appellant with his friends John Coogan and Harry Mehterian…