Gasser

Appellant was convicted of the crime defined in section 288 of the Penal Code. It was alleged that he committed the lewd and lascivious act with a female child. The little girl was seven years of age at the time of the commission of the alleged offense. She resided in the county of Imperial with her mother. There was testimony given by more than one witness which furnished strong evidence in proof of the charge made in the information. Defendant’s appeal is taken from a judgment of imprisonment and an order denying his motion for a new trial. In view of the strong character of the evidence introduced against the appellant, it is plain that upon the facts no miscarriage of justice has resulted. The errors complained of must be viewed in the light of that condition which the record shows. We will not attempt to discuss in detail the many objections presented in the seventy-six page brief of the appellant, but will consider only those which present questions fairly debatable.

The evidence of statements made by the girl to her mother after the commission of the alleged offense was not improperly admitted.' After several objections had been made, the district attorney remarked that he…