Casey

The appellant in this case was charged by three counts of an information with having on the third day of May, 1925, committed the infamous crimes prescribed by sections 286 and 288a of the Penal Code upon the persons of two young men. He was convicted upon each count and appeals from the order denying a motion for a new trial and from the judgments entered accordingly.

The testimony of the two young men was to the effect that as they left the Odd Fellows’ hall at El Monte at about midnight on the date in question the defendant called them to an automobile in which he was seated and proposed that they accompany him to a place where he asserted he expected to meet some girls. The two men entered the car and occupied the front seat to the right of the defendant. They drove easterly, out of El .Monte, then turned back, passing through the town and continued until they arrived at a lonely section of the country, where the defendant stopped, turned off the lights and began to feel the legs of the man sitting next to him. The latter testified that he objected and Ms partner, who sat on the outside, testified, “I put up an objection, and he told me to keep my mouth shut, ’ ’ that the…