Heath

The information is in two counts, each of which charges the commission of a described lewd and lascivious act upon and with the body of a female child under the age of fourteen years. The first child will be herein designated as Gertrude and the second as Martha. A third count relating to still another child was “ordered off calendar” at the beginning of the trial.

Appellant’s first point is: “That the attitude of the prosecuting attorney was error in bringing before the jury imaginary offenses claimed to have been committed upon other girls. This he did after gaining permission of the court to examine witnesses upon the voir dire.” The four witnesses to whom appellant refers in his argument on this point were all witnesses who, in behalf of defendant, had testified that they knew the general reputation of the defendant in the community of his residence for morality and chastity. The manner in which the subsequent examination by the district attorney was conducted may be illustrated by the record concerning the testimony of Mrs. Knowlton. After she had stated that she knew defendant’s reputation in said community for morality and chastity, the defendant’s attorney inquired: “Is…