Cantu

In the first count of an information the defendant Cantu and Noel Mathew Burns and Ronald Joseph Biffath were accused of the crime of conspiracy to violate section 288a of the Penal Code; it was alleged that the offense occurred on or about August 19, 1961. In the second count Cantu alone was accused of having violated section 288a of the Penal Code on or about August 11, 1961. It was further alleged that he had suffered a prior conviction of the crime of forgery, a felony. In a nonjury trial he was found to be guilty as charged. Having been sentenced to the state prison, the defendant Cantu has appealed from the judgment.

Since the contention of the defendant is that the evidence was insufficient to support his conviction with respect to either count, it is necessary to give a summary of the evidence. The first witness was a boy of the name of Clark. He was 17 years of age. Clark had been granted immunity from prosecution pursuant to the provisions of section 1324 of the Penal Code. He testified that he knew the three defendants. He first met Cantu on August 16, 1961. Cantu asked him if he had a place in which to live and Clark answered that he did not. Cantu, Clark and another…