Anthony

The defendant was convicted of the offense of lewd and lascivious acts done upon the body of a female child under the age of fourteen years, with the intent to arouse and appeal to his own sexual desires, contrary to the provisions of section 288 of the Penal Code. He appeals from the judgment.

A reversal is asked upon three grounds, as follows: (1) Misconduct of the district attorney during the trial; (2) the refusal to give an instruction requested by the defendant; (3) the insufficiency of the evidence to sustain the verdict of conviction.

The third ground was not pressed upon the argument. The testimony of the complaining witness was alone sufficient to support the verdict and her testimony was corroborated by another girl eleven years of age.

The principal point urged in support of the appeal is the misconduct of the district attorney. Several instances of asserted misconduct are assigned. A further statement of the facts is necessary to explain them.

The Good Templars Home is an institution maintained at Vallejo for the care and support of small children of both sexes. At the time of the offense charged the affairs of the home were under the actual management of the…