Carskaddon

The defendant was charged under the provisions of section 288 of the Penal Code with the crime of lascivious conduct alleged to have been committed upon the person of a minor child who was under six teen years of age. The defendant admitted the perpetration of the offense as charged in the information, but pleaded not guilty by reason of insanity. A jury was impaneled for the purpose of trying that issue and rendered a verdict finding’ that he was sane at the time of the commission of the offense. A motion in arrest of judgment under. the provisions of section 1185 of the Penal Code was made on the ground that the information fails to state facts sufficient to constitute a public offense. This motion was denied. The defendant thereupon demanded a trial as to his present sanity under the provisions of section 1201 of the Penal Code. This motion was also denied. The defendant was then sentenced to state prison at Folsom for the term prescribed by law. From this judgment of imprisonment the defendant has appealed.

The appellant contends (1) the information is fatally defective for the reason that it fails to charge that the felonious acts were performed with lewd or lascivious…