Rinaldi

Appellant was convicted of lewd and lascivious acts upon the body of a girl, Anna, who at that time was just under twelve years of age. The information charged the offense as occurring on or about January 14, 1927. No opening statement was made. The child was called to the stand as the first witness and after a few preliminary questions she was asked when was the last time that defendant had done anything to her. She first answered in the basement in January, 1927, and upon further questioning said that defendant had done nothing at that time. This testimony evidently referred to a time when her mother came into the basement and called her away, January 21, 1927. Then, after considerable questioning, her further answers disclosed that in December, 1926, in the basement of their house, defendant had committed acts which at most amounted to indecent exposure. She was then asked if anything happened after that time. She answered yes, in the house in the bedroom. When asked what happened in the bedroom, appellant’s counsel objected upon the ground that by offering the evidence which had already been admitted the district attorney had elected or at least the law had elected for him to…