Souleotes

The defendant was informed against for committing a lewd and lascivious act with a child thirteen years of age. He was found guilty, and sentenced to fifteen years in the state prison. This appeal is taken from the judgment and from an order denying defendant's motion for a new trial.

The prosecutrix and the defendant lived on the same floor in a hotel on Third Street in San Francisco. According to her testimony the defendant on December 20, 1913, at about 4 o’clock in the afternoon, came into the kitchen of a three-room suite, in which she lived with her parents, and asked her to go outside in the hall with him. Arriving there, and while near the kitchen door and also near the door of his own room, he raised the child’s clothes and committed the act complained of. Neither the father nor mother was present when the defendant invited the child to go into the hallway with him. She testified that while she resented the defendant’s conduct she made no outcry because he asked her not to do so, and that she was not afraid of him. The hallway was dimly lighted. She did not report the incident to her parents, and never in fact told any one about it until about nine months later, when,…