Camp

Appellant was convicted under an indictment, of the offense denounced by section 288 of the Penal Code, of lewd and lascivious conduct with a boy under the age of fourteen years. It is not claimed that the evidence is insufficient to support the verdict or that there was any irregularity in the trial except in two particulars.

In the first place, complaint is made that the court refused to give the following instructions requested by defendant.

“A conviction cannot be had upon the testimony of an accomplice unless he be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof”; and

“You are instructed that (prosecuting witness) is an accomplice in this case, if you believe from the evidence that he consented to the act charged; and in that event, his testimony must be corroborated as I have instructed you in the last instruction.”

On these proposed instructions the trial court made the following indorsement: “Refused, no question of accomplice mentioned, not applicable to facts.” There seem to be two…