Morotti

The defendant was charged with and convicted of the offense of contributing to the delinquency of a minor, the charging part of the information consisting in the averment that the said defendant did, on or about the twentieth day of January, 1922, at and in the, county of Marin, state of California, willfully, unlawfully, and lewdly commit certain specified lascivious acts of fondling and personal contact upon the person of one Florinda Berri, a female child of the age of nine years, which would tend to cause said child to lead an idle, dissolute, and immoral life. This appeal is from the judgment of conviction of this offense.

The first contention of the appellant is that the evidence was insufficient to justify the' verdict or support the judgment. We find no merit in this contention. The prosecution produced the witness Agostini, who testified directly to the commission of the acts complained of by the defendant within the presence and observation of the said witness. It is true that the testimony of this witness is attended with certain inherent improbabilities which might be held' to affect its weight, but which are not, in our opinion, sufficient to so far destroy its value…