Vosger

The defendant was convicted of a violation of section 288 of the Penal Code. From this judgment he appeals. Defendant’s first specification of error is that the evidence is insufficient to show commission of the material elements of the crime charged. The court has carefully examined the record presented here, and such examination has disclosed that there was evidence presented at the trial of defendant, of a substantial and convincing nature, sufficient to support the charge as made against the defendant. “For it is the function of the jury in the first instance, and of the trial court after verdict, to determine what facts are established by the evidence, and before the verdict of the jury, which has been approved by the trial court, can be set aside on appeal upon the ground we are discussing it must be made clearly to appear that upon no hypothesis whatever is there sufficient substantial evidence to support the conclusion reached in the court below.” (People v. Tom Woo, 181 Cal. 315, 326 [ 184 Pac. 389, 393 ].)

The next contention presented by defendant is stated by him as follows: “The Appellate Court will reverse a case where the evidence relied upon to uphold it is so…