Navarro

The defendant was convicted of the crime of pimping as denounced by the act of February 8, 1911. (Stats. 1911, p. 10.) This act provides in part: “Any male person who, knowing a female person to be a prostitute, shall live or derive support or maintenance in whole or in part from the earnings or proceeds of the prostitution of such prostitute ... or who shall solicit or receive compensation for soliciting for such prostitute, shall be guilty of a felony. . . .” The information upon which defendant was tried was framed in two -counts, the first charging him with soliciting and receiving compensation from the prosecutrix for soliciting for her prostitution knowing her to be such; and the second charging him with living and deriving support and maintenance in whole or in part from the earnings of such prostitution. The jury found the defendant guilty upon both counts.

The appeal is from the judgment upon the grounds: (1) That the facts failed to establish the allegation of the first count that the defendant solicited and received from the prosecutrix compensation for soliciting for her as such prostitute; (2) that the evidence is insufficient to support the allegation of the second…