Geonzelis

The defendant was convicted of the violation of the provisions of section 288 of the Penal Code. He made a motion for a new trial. The motion was denied. From the order denying said motion and from the judgment of conviction the defendant has appealed.

The defendant claims that he was convicted on the uncorroborated testimony of George Wagner, the prosecuting witness. Even though that were so, the law, in this kind of a case, does not require corroboration (Code Civ. Proc., sec. 1844; People v. Hulbart, 55 Cal. App. 112 [ 202 Pac. 939 ]). In the next place, the defendant states that the story as told by the prosecuting witness was such as to render it practically impossible that the alleged act could have occurred. In this connection the defendant argues that the alleged place where the act was claimed to have taken place was in full view of those passing by. Conceding such to be the fact, that fact and all other facts were for the consideration of the jury and this court may not say as a matter of law that the circumstances of want of closed doors in connection with all of the other circum stances rendered the testimony given by the witness unbelievable.

In support of his…