Curtis

Defendant prosecutes this appeal from the judgment of conviction and the order denying his motion for a new trial.

, The prosecution was under section 288 of the Penal Code, which reads as follows: “Any person who shall willfully and lewdly commit any le^vd or lascivious act other than the acts constituting other crimes,-provided for in part two of this code upon or with the body, or any part or member thereof, of a child under the age of fourteen years, with the intent of arousing, appealing to, or gratifying the lust or passions- or sexual desires of such person or of such child, shall be guilty of a felony and shall be imprisoned in the state prison not less-than one year.”

The sole point relied upon here is, that the information fails to charge a public offense, because it does not show that the defendant and the child upon and with whom the crime was committed are of opposite sexes; that it does not show that defendant is a male, nor that the child is a female.

It is not necessary that the information contain any statement a's to the sex of the parties or either of them. Any person who commits the acts, named in the section, upon or with the body of a child under the age…