Singh

Appellant was convicted of the infamous crime against nature and he appeals from the judgment and the order denying his motion for a new trial. [1] The victim of the assault was a boy of the age of nine years and his story as recited on the witness-stand discloses every fact material to a conviction. We cannot say that his testimony is inherently improbable or that the jury was not justified in- according it full credit. It would do no good to set out the testimony or to comment further upon it, and while it is true that there was a sharp conflict in the evidence, the case was properly one for the jury to determine, and we have no right to substitute our judgment for theirs as to the facts.

[2] There was no error in giving the following instruction: “Any sexual penetration, however slight, is sufficient to complete the crime against nature. Evidence of emission is not necessary.” The criticism of appellant is directed particularly to the last sentence in said instruction. The first sentence is in the exact language of section 287 of the Penal Code and is a part of the definition of the crime. It must be read in connection with the preceding section and as thus construed it…