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Defendant was convicted by a jury of a violation of section 288 of the Penal Code.

A motion for a new trial was made and denied. From the judgment and order denying a new trial, the defendant prosecutes this appeal.

The crime for which defendant was convicted was alleged to have been committed on the night of August 1, 1931, between 11 and 12 o’clock, in an automobile which was parked near a dance-hall, at Durham in Butte County. The defendant was attending the dance and while there met the prosecutrix, a girl of the age of six years, who was in the company of her father and mother and younger brother. Previous to this night, defendant had known the child and her family for about a year and was upon friendly terms with all the family.

The defendant, with the consent of the parents of the child, took the prosecutrix and her younger brother from the " dance platform to his car to put- them to sleep. Defendant returned to the dance platform shortly afterward with the younger child, who was crying.

It was testified to by the prosecutrix that the defendant returned to the car and perpetrated the acts for which he was convicted.

The prosecutrix was the only witness to the crime.…