Bowley

Defendant appeals from a judgment of conviction entered upon a jury verdict finding him guilty of a violation of Penal Code section 288a, and of a prior felony conviction.

The only witness who testified for the prosecution was a woman named Joan. She testified that in April of 1960 the defendant’s brother employed her to play a part in a motion picture to be filmed in a San Francisco studio; that she went to the studio; that the picture was taken; that in making this picture, in addition to several other sexual activities, she voluntarily engaged in an act of oral copulation with the sexual organ of defendant.

A film purporting to show these activities was produced by the prosecution. Joan testified that she had seen portions of the film, and that those portions accurately represented what took place during the making of the film. Over objection, it was introduced into evidence and was shown to the jury. In response to the question: “Is that the film of the events in which you participated on this particular date at the Beaumont Studio,” Joan said “yes.” She also testified that the defendant was the male in the film whose face was covered with a coat of dark grease, whose hair…