Knowles

The defendant was tried and convicted on an information charging him with a violation of section 288a of the Penal Code, which defines the crime commonly known as sex perversion. Prom the judgment of conviction and the order denying his motion for a new trial the defendant has appealed on a record prepared under section 953a of the Code of Civil Procedure.

The defendant was a teacher in the public schools of Alameda County. The complaining witness was a high school student of the age of sixteen years. This boy, accompanied by a fellow-student of the same age, went to the defendant’s apartment some time in the month of August, 1924. They were there entertained by the defendant, who showed them indecent and suggestive pictures and instruments used to prevent conception. The defendant explained the use of these instruments, and then urged the two boys to commit the act defined in the code section cited. One of the boys refused and went to another room where he played a piano while the defendant and the complaining witness undressed and remained together for a period of half an hour.

The chief attack on the judgment is that the evidence is insufficient because the testimony of the…