Delgado

Defendant, after conviction of the crime described in section 288 of the Penal Code, appeals from a judg ment of imprisonment and an order denying his motion for a new trial.

The evidence offered on behalf of the prosecution was as to its most material part furnished by a little girl eight years of age. She testified that on the seventeenth day of February, 1918, she entered a picture theater in the city of Hanford and took a seat well toward the front of the room; that in the seat next to her was the defendant, a young Mexican, whom she had never seen before to her knowledge; that defendant offered her five cents and told her to get some popcorn, but that she did not do this; that defendant offered her ten cents, but did not present it to her; that he gave her another ten-cent piece and took that away, then “half a dollar or a dollar” and took that away; that- when he proffered her the first ten cents he said, “if you will give me a kiss”; that thereafter he moved over toward her, placed his hand under her dress and placed one of her hands in his lap under his hat and upon his private organs. The little girl further testified that she took her hand away “about a minute after,”…