George

Appellant was charged by indictment with the commission of a felony, to wit, violation of section 288 of the Penal Code. He was tried in the superior court of the city and county of San Francisco, convicted, and sentenced to imprisonment in a state prison, and has appealed from the judgment and the order of the court denying his motion for a new trial.

Appellant was accused of lewd and lascivious acts with a six’ year old girl named Etta Peterson. The offense was alleged to have been committed during the afternoon of April 9, 1924, in an outhouse situated on Hale Street, a half block from the residence of Etta Peterson, who resided with her parents, her grandmother Louise Francen, and her sister Annie Peterson, aged four years, on Holyoke Street, in the city of San Francisco. Appellant is a married man and had been residing with his wife and minor child in the city of San Francisco for about four years prior to the alleged offense. During the last two years of that period he had been in the employ of the United States as a mail-carrier, and his route of delivery covered the part of San Francisco in which the Peterson family resided. Previous to his employment by the government he…