Harden

The defendant in this case after two trials was convicted of the felony defined by section 288 of the Penal Code. He was sentenced to twelve years confinement in the state prison at San Quentin. The appeal is from the judgment and the order denying him a new trial.

The information generally follows the language of the statute defining the crime of which the defendant was convicted.

A reversal is urged primarily upon the ground of the insufficiency of the evidence to support the verdict. Incidentally it is insisted that the trial court abused its discretion in permitting the child alleged to have been the victim of the crime to be sworn, and to testify as a witness upon the trial. At the close of the trial of the case the child was within one month of being six years old; but we are not prepared to say that the ruling of the trial court permitting ^ier to be sworn and to testify as a witness, was an abuse of discretion. Upon the objection of the defendant that the child was under ten years of age, and apparently incapable of receiving just impressions of the facts concerning which she was to be examined, she was subjected to a very thorough examination as to her competency by the…