Hinrich

Appellant was convicted of the crime of lewd and lascivious conduct upon the body of a girl of the age of about eight and a half years. He bases his appeal upon two grounds:

[1] The evidence shows that the defendant and the prosecuting witness, together with another girl of about the same age and a little boy of four years, went from Oakdale on a Sunday afternoon to a place called “the slides,” near which there is an irrigating ditch, then dry. For a time the children amused themselves sliding down the embankment and then a fire was started, all gathering fuel. The defendant and the prosecuting witness, leaving the other children at the fire, walked for some distance along the ditch bringing fuel for the fire on their return, and it was during this absence that the alleged crime was committed. The prosecuting witness testified in detail to the effect that the defendant placed his coat in the bottom of the ditch, had her lie down upon it and unbutton her drawers, then unbuttoned his pants, lay down upon her, and proceeded to the point of sexual emission, and that he then gave her fifty cents and cautioned her not to tell her parents. The other little girl testified that when the…