Harrison

Defendant was convicted of having committed certain lewd and lascivious acts with a boy under the age, of fourteen years in violation of the provisions of section 288, Penal Code. The judgment required that he be imprisoned in the state prison for a period of five years. An appeal is taken from that judgment, and also from an order of the trial court denying defendant’s motion for a new trial.

On January 30, 1910, defendant, a man of mature years, accompanied by a boy named William E. Standberg, entered a dressing-room at the Bimini bathing establishment in the city of Los Angeles. A man occupying an apartment adjoining this dressing-room shortly thereafter chanced to look through an aperture between two boards of the intervening partition, and saw the boy engaged in the act of committing sodomy with the man. He called to an attendant, and together they went to the door of the room occupied by the man and boy. Upon demand being made by the bath-house attendant that the door be opened the door was opened, disclosing the man in a naked state and boy wearing only an undershirt. The physical condition of the boy in other respects indicated that the act observed by the first witness…