Ferrari

The defendant was charged in the information with the commission of the offense denounced by section 288 of the Penal Code. The jury returned a verdict of guilty as charged and from the judgment following the verdict and from the order denying his motion for a new trial the defendant has appealed on a typewritten record.

Testimony was offered to show that the defendant took the prosecutrix, a girl of seven years, into his bedroom, placed her upon the bed, removed some of her underclothing and then committed the criminal act covered by section 288a of the Penal Code. The testimony of the prosecutrix was sufficient to show the commission of both offenses covered by these two sections of the code and other evidence was received, both direct and circumstantial, tending to corroborate her as to the first offense and also showing similar acts by this defendant on other occasions. All this evidence was denied by the defendant when called as a witness in his own behalf.

On this appeal the defendant concedes that the evidence was sufficient to constitute the crime as defined by the latter section and, for this reason, argues that he could not have been guilty of any crime under section…