Healey

Defendant appeals from a judgment and order denying his motion for a new trial after conviction on an information charging him with a violation of section 288 of the Penal Code. It is alleged in the information that the offense consisted of lewd and lascivious acts committed in relation to a girl of the age of ten years.

Defendant has assigned three grounds for reversal—(1) insufficiency of the evidence; (2) misconduct of the district attorney; and (3) error in the admission of certain evidence.

[1] (1) The first ground assigned is based upon the improbability of the story of the complaining witness, the appearance that she had been coached in her story, and the fact that she failed to make an outcry. But a review of the record satisfactorily shows that, though the testimony of the complaining witness may not seem to be altogether convincing, it was sufficient to sustain the verdict if believed by the jury. The weight of the evidence is, of course, a matter for the jury and not for this court. The failure to make an outcry immediately after the commission of the act goes only to the question of credibility of the prosecutrix.

[2] (2) Misconduct on the part of the district…