Khan

This appeal is prosecuted from a judgment of conviction of defendant for the commission of the “infamous crime against nature.” The victim of the assault was a boy of the age of fourteen years, whose testimony with reference to the commission of the offense was to the effect that on several separate occasions, in the night-time, and in sleeping quarters provided by defendant, wherein the prosecuting witness, another boy, and defendant were all occupying one bed, defendant had been guilty of the crime of which he was accused in the information presented against him.

Appellant attacks the judgment on the sole grounds that the prosecuting witness was an accomplice of defendant; that under the provisions of section 1111 of the Penal Code “a conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense”; and that the record of the trial herein fails to disclose a sufficient corroboration of the testimony of the accomplice. But while considering the particular cireum stances surrounding the commission of the offense, as disclosed by the testimony of the prosecuting…