Cecil

The defendant was tried and convicted upon an information charging him with a violation of the provisions of section 288 of the Penal Code. On the day of arraignment the defendant orally moved for a new trial without assigning any grounds therefor. This motion was denied and the defendant has appealed from the judgment and from the order denying a new trial upon a record prepared under section 953a of the Code of Civil Procedure.

On these appeals but two grounds are urged by the appellant: First, that the trial court erred in refusing to give the jury certain instructions proposed by the appellant, and, second, that the verdict is void because not in proper form. ¡Beyond the suggestion that the appellant was not properly identified by the witnesses for the prosecution no attack is made upon the evidence. The direct testimony detailing the circumstances of the alleged assault as given by the prosecutrix was sufficient in itself, if believed by the jury, to sustain a verdict of guilty. The testimony of the witnesses who were called by the state to give evidence of corroborating circumstances was conflicting in some respects, particularly as to the methods used by each witness in…