Murnahan

The appeal is from the judgment of conviction on three separate counts for lewd and lascivious conduct with a child of the age of ten years.

We find no merit whatever in the appeal. The evidence is ample to support the verdict. It is true it consists largely of the testimony of the girl herself, and we discover therein nothing incredible or improbable. We do not know of any legal objection to the action of the jury in accepting and basing their verdict upon the child’s recital of the despicable treatment of her by appellant. We forbear to quote her statements as their publication would serve no useful purpose.

The people were not required to make an election. In fact, the information charged that three different offenses were committed at different times on the same day and the evidence supported the averments. The course pursued' was justified by section 954 of the Penal Code as amended in 1915, [Stats. 1915, p. 744], providing that “the indictment or in-, formation may charge two or more different offenses connected together in their commission, ... or two or more different offenses of the same class of crimes or offenses, under separate counts. . . . The prosecution is not…