Young

This is an appeal from a judgment which followed the conviction of the defendant of a misdemeanor consisting in the violation of section 21 of the juvenile court law. The charging part of the information alleged as follows:

[1] The first contention of the appellant is that the evidence was insufficient to warrant his conviction, the basis of this contention being that the story of the complaining witness was utterly improbable. We have examined the record with a view to determining the merit of this contention; and upon such examination we are entirely satisfied that the testimony of the complaining witness, while such as might be expected to have been given by a person of immature and feeble intellect, was not so inherently improbable as to justify the reversal of this case upon that ground; but that, on the other hand, the jury having seen the prosecuting witness and heard her story, would be the best judges of the credibility of -her statements; and having believed her and rendered their verdict accordingly, we should not “undertake to disturb that verdict.

[2] The next and final contention of the appellant is that the court failed to instruct the jury as to what crime the…