Vaughan

The defendant was convicted of violating section 288a of the Penal Code in relation to a girl eleven years old; also upon another count of the same information of violating section 288 of the Penal Code involving another girl of the same age. Attached to the verdict and ordered filed by the court was a slip of paper reading as follows: “If admissible, the jury would like to recommend leniency.” Motion for a new trial was denied and defendant sentenced on each count to San Quentin State Prison for the term provided by law, one sentence to follow the other.

The defendant claims upon his appeal that the evidence was insufficient to support either verdict, pointing out that there was no corroboration of the testimony of either girl as to the commission of the acts of which he was found guilty. It is not necessary, in order to sustain conviction of either of these offenses, that the testimony of a child of tender years be corroborated, since such a child cannot be classed as an accomplice. (People v. Roy Johnson, 115 Cal. App. 704 [ 2 Pac. (2d) 216 ].) It is for the jury, who see the child and hear her uncorroborated story, to say whether she is telling the truth. In this case the…