Bernal

Defendant was charged by an information with the violation of section 288 of the Penal Code. He was convicted and sentenced to imprisonment in the state prison for the term of one year. He now appeals from such judgment and from the order denying his motion for a new trial.

Appellant complains that the evidence is insufficient to support the verdict. The prosecuting witness, a girl upon whose person the lewd and lascivious acts were committed, was about eleven years old at the time of the trial. She testified in detail to the acts of the defendant constituting the crime. Her testimony was corroborated by the testimony of her mother and two other witnesses, to the effect that shortly after the acts complained of defendant was brought before the little girl, who told what had happened. The defendant was thereupon asked if the little girl was telling the truth and he answered: “Yes.” He further stated to these three witnesses: “I was tempted, a funny feeling came over me. I don’t know why I did it.” Later the defendant stated to the district attorney, when questioned about the matter: “Well, I didn’t harm her. I looked at her and saw that she was young and I stopped just in time. I…