Singh

The defendant was convicted in the superior court in and for the county of Yuba of the infamous crime against nature (Pen. Code, see. 286), and he appeals from the judgment of conviction and the order denying him a new trial.

The alleged pederastic performance is alleged to have taken place in the city of Marysville, on or about the fourth day of February, 1928. The party upon whom the crime is alleged to have been committed was a boy approaching, if not just past, his majority.

It appears that two police officers while patrolling their “beats” in the neighborhood of Tenth and D Streets in the city above named, at or near the hour of 2 o’clock A. M. of the day, also named above, noticed a Ford coupe parked or standing “in a secluded spot,” on the east side of D Street, near Tenth, and facing or heading in a northerly direction. In that immediate vicinity there were no residences. Conceiving that an automobile parked in so unusual a place in the city at that time of the day was a circumstance of more or less a suspicious character, or at least one justifying an investigation, the officers went to the coupe, and, turning a flashlight into the car, found the defendant awake and…