Bronson

The defendant was convicted under an information filed in the superior court of Sacramento County of the crime defined by section 288 of the Penal Code, which reads as follows:

The defendant, having appealed from the judgment of conviction and the order denying him a new trial, makes the single point that the evidence without conflict shows that, if any crime was committed by the defendant at all, it was the crime of rape (Pen. Code, sec. 261, subd. 1) and not the crime denounced by section 288 of said code.

At the time of the commission of the crime charged in the information the female upon whom it is alleged to have been committed was a few weeks over the age of nine years, although the city physician, who subjected her to a physical examination within a few days after the offense is alleged to have been perpetrated, testified that she then was developed, sexually, to the age of about fourteen years. The testimony given by the child was principally that upon which the People relied to support the charge, albeit there was the testimony of the doctor as to evidence of irritation on her limbs, near the location of the private parts, and the admission of the accused to the…