Wyett

This is an appeal from a judgment against the defendant upon his conviction of the charge of having violated section 286 of the Penal Code, relating to the infamous crime against nature.

[1] The appellant.makes three contentions upon this appeal, the first of which is that he was convicted upon the uncorroborated testimony of an accomplice. The complaining witness was one Ernest Houx, a boy under ten years of age at the time of the trial and the victim of the defendant’s alleged offense. In claiming that the witness Ernest Houx was an accomplice of the defendant in the commission of the crime the appellant relies on the case of People v. Robbins, 171 Cal. 466 , [ 154 Pac. 317 ]. In that case, however, the complaining witness was a boy of the age of sixteen years, and in holding that he was an accomplice the supreme court expressly differentiated between that case and the case of People v. Dong Pok Yip, 164 Cal. 143 , [ 127 Pac. 1031 ], in which latter case the child upon whom the crime was committed was of the age of nine years and was held not to be an accomplice. We are of the opinion that this case comes within the rule laid down in People v. Dong Poh Yip, supra, and hence…