Thourwald

By an information filed by the district attorney in the superior court of the county of Siskiyou, defendant was charged with having committed a lewd and lascivious act upon and with the body of one Gladys Jackson, a female child of the age of nine years. A jury found the defendant guilty of the crime charged and he prosecutes this appeal from the judgment of conviction pronounced upon him.

The information is based upon section 288 of the Penal Code, which, in substance, provides that any person willfully committing any lewd or lascivious acts upon or with the body 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 such child, shall be guilty of a felony, for which the guilty party shall be imprisoned in the state prison for not less than one year.

The point first urged by the appellant for a reversal is that the evidence is wholly insufficient to have justified the verdict. The point is without merit, as the following synoptical statement of the facts, as developed by the evidence, will show:

Defendant is a painter and paperhanger and, on the thirteenth day of May, 1919,…