Malloy

Defendant was charged in an information with three separate counts of violating section 288 of the Penal Code (lewd and lascivious acts) and with three separate counts of violating section 702 of the Welfare and Institutions Code (contributing to delinquency of a minor). Each of the six counts charged his criminal acts with a different boy. A jury found defendant guilty as charged on all six counts. He has appealed from the judgment of conviction and from the order denying his motion for a new trial.

Defendant contends here that (1) prejudicial error was committed in the cross-examination of his character witnesses; (2) evidence of defendant’s prior similar misconduct with one other than the prosecuting witnesses was erroneously admitted; (3) the denial of defendant’s request to exclude certain persons from the preliminary hearing was prejudicial error; and (4) restriction of defendant’s cross-examination of a prosecuting witness at the preliminary hearing constituted prejudicial error. In addition, we raised the question whether under the evidence, the Superior Court of the City and County of San Francisco had jurisdiction of some of the offenses charged. We have concluded that…