Morton

Defendant, upon an information duly charging him therewith, was convicted of committing the crime defined in section 288 of the Penal Code.

He appeals from the judgment and an order of court denying his motion for a new trial.

The only point presented worthy of consideration is that the evidence is insufficient to support the verdict. The ground for questioning the sufficiency of the evidence is not its character, but the tender ages of the witnesses by whom the facts constituting the crime were established. The child, seven years of age, upon whose person the offense is alleged to have been committed, testified to the acts done by defendant, and which, if true, leave no doubt as to the commission of the crime. Her evidence, in part at least, was corroborated by a boy of the age of eight years. The surrounding circumstances established are of little value as evidence. The jury, however, saw these two children upon the witness-stand and heard their testimony, as to the truth of which they were satisfied beyond a reasonable doubt. In addition to this, the learned judge who presided at the trial, having ample opportunity to judge of the credibility of these witnesses and the weight…