McKelvey

Appellant was charged, by an information filed by the district attorney of Los Angeles County, with the crime of violation of section 288 of the Penal Code of the State of California. This section is commonly referred to as the “lewd and lascivious section,” and denounces as a felony, lewd and lascivious conduct when displayed, in the manner provided in the section, upon the body of a child under the age of fourteen years.

From a verdict of guilty, and the judgment pronounced by the court thereon, the defendant prosecutes this appeal.

Two grounds are presented upon which a reversal is urged.

In view of our conclusions upon the points raised by appellant, we do not deem it necessary to give an extended recital of the evidence presented in the trial.

The complaining witness was a young girl seven years of age at the time of the trial. The offense charged is alleged to have occurred about six months prior thereto. The defendant admitted, as testified to by the complaining witness, that she was a stranger to him; that he met her on her way home from school, and that upon bis invitation she accompanied him to his home, where he gave her some moving-picture films. The child’s story…