Rice

The defendant was convicted on each of two counts of an information charging him with violations of sections 288 and 288a of the Penal Code, respectively. The appeal is from the judgment and an order denying motion for new trial. The victim of the felonious acts of the defendant was a boy eight years of age. It would serve no useful purpose to recite the testimony, which is sharply conflicting on several matters, and the complaining witness is contradicted by a number of witnesses for the defendant, but believing and accepting the boy’s story as true, which the jury evidently did, a complete case was made upon both counts.

The brief of counsel for the defendant is mainly occupied with a discussion of the weight of the evidence and a comparison of the testimony. If there is any principle of law that is elementary it is that such considerations have no place in the presentation of an appeal of a defendant found guilty of crime, unless some exceptional issue, not here suggested, is present; for example, where it is doubtful if the error committed prejudiced the substantial rights of the defendant. The jury saw the witnesses, and heard them testify, and its verdict as to the weight…