Parker

Defendant was charged under section 288 of the Penal Code with committing certain lewd and lascivious acts upon and with the body of a female child under the age of fourteen years, with the intent specified in that section. He was found guilty as charged, and now appeals from the judgment of conviction and from an order denying his motion for a new trial.

Section 288 reads, in part: “Any person who shall wilfully and lewdly commit any lewd or lascivious act, other than the acts constituting other crimes provided for in part two [one]” (as authority for the substitution of “one” for “two” see People v. Troutman, 187 Cal. 313 [ 201 Pac. 928 ]) “of this code, upon or with the body, or any part or member thereof, of a child under the age of fourteen years, with the intent of arousing, appealing to or gratifying the lust or passions or sexual desires of such person or of such child, shall be guilty of a felony ...” The provision to the effect that lewd and lascivious acts, to be punishable under this section, must be “other than the acts constituting other crimes provided for in part two [one] of this code” constitutes an exception to the general rule announced in section 654, wherein…