Conklin

Defendant was convicted under a charge that he had violated the provisions of section 288a of the Penal Code, which denounces the crimes sometimes known as fellatio and cunnilingus, the section being couched, however, in English. Defendant appeals from the judgment and from an order of the trial court denying his motion for a new trial.

The alleged victim of appellant was a boy nearly twelve years of age, and it is contended that he was an accomplice of appellant in the commission of the acts concerning which he testified as a witness for the prosecution. It is also insisted that the testimony of the boy is without corroboration in the record, whereas a corroboration of the testimony of an accomplice is necessary under the law in order to convict one charged with crime.

We shall first inquire whether the boy’s story was corroborated. On a certain evening the boy’s parents, Mr. and Mrs. F., were visited by appellant and his wife, the boy having arrived home soon after the visitors came. The four elders had been drinking intoxicating liquors before the boy’s arrival and continued to do so afterward. The first liquor used was whisky and the drinkers then resorted to beer. After a…