Rossi

The defendant was charged by an information with and convicted by a jury in the superior court of Placer County of having committed lewd and lascivious acts upon and with the body of a female child under the age of fourteen years, and prosecutes these appeals from the judgment of conviction and the order denying his motion for a new trial.

The information is based on section 288 of the Penal Code, which reads: “Any person who shall willfully and lewdly commit any lewd or lascivious act other than the acts constituting other crimes provided for in part two of this code upon or with the body, or any part or member thei*eof, of a child under the age of fourteen years, with the intent of arousing,- appealing to, or gratifying the lust or passions or sexual desires of such person or of such child, shall be guilty of a felony and shall be imprisoned in the state prison not less than one year.”

The information chai'ges the offense as follows: “The said Eoffx Eossi on or about the seventeenth day of January, A. D. 1918, at the said county of Placer, in the said state of California, and before the filing of this information, did then and there willfully, unlawfully, feloniously, and…