Perras

Appellant was charged in count one of an information with a violation of section 288a of the Penal Code, alleged to have been committed on or about July 26, 1958, with one Leonard B. Lindbeck. In count two he was charged with a violation of section 286 of the Penal Code in that on or about July 26, 1958, he wilfully, unlawfully and feloniously committed the infamous crime against nature with one Leonard Bossier Lindbeck. In count three appellant was. charged with a violation of Penal Code, section 288a, alleged to have been committed with one Prank Perras; and in count four appellant was charged with the commission of the infamous crime against nature with one Prank Perras. A jury trial resulted in verdicts finding appellant guilty of the offenses charged in counts one and *398 two of the information and not guilty as to the charges in counts three and four. Appellant’s motion for a new trial was denied and he was sentenced to the state prison. He appeals from the judgment and from the order denying his motion for a new trial.

Leonard Bossier Lindbeek, known as “Lindy,” was born on December 26, 1942, and at the times here involved lived with his parents in Garden Grove. Appellant…