Halistik

The defendant was convicted of the crime of lewd and lascivious conduct with a female child of the age of ten years. This appeal is from the judgment and the order denying defendant's motion for a new trial.

Appellant contends that the evidence is insufficient to justify the verdict. In this opinion the girl upon whose body it is alleged the unlawful acts were committed will be designated as “F” and the principal corroborating witness as “E.” Just prior to the alleged offense both girls were walking along the road on their way home from school, F being some distance ahead of E. The defendant, who was traveling alone in an automobile in the same direction the girls were going, on overtaking E, who was then eleven years of age, invited her to ride with him and she got into the front seat with him. When they overtook F, E invited her to ride in the automobile. F took the back seat and the three proceeded along the road until they reached a point opposite E's home, when she alighted and walked home. The defendant and F continued to a point on the road nearest the latter’s home, about a quarter of a mile from E’s home, when she also got out and walked home. E testified that the…