Moranda

This is an appeal by defendant from a judgment of conviction following the jury’s verdict finding him guilty of violating section 288 of the Penal Code.

The alleged act took place at the home of the prosecutrix on the evening of January 2, 1959. The defendant was a casual acquaintance of her parents with whom he and another acquaintance, referred to in the record only as “Scotty,” had spent New Year's Day drinking wine. At the parents’ suggestion defendant spent the night with them, occupying a sleeping bag on the floor. The prosecutrix, her 4-year-old brother and Scotty were all sleeping on a bed in the same room. The bed was against the wall and she occupied the wall side thereof. It was her testimony that some time during the night the defendant crept under the covers of the bed, fondled her, made immoral offers and suggested that she approach one of her friends so that he might achieve the same purpose with the friend. She further testified that the next day defendant followed her and her friend to a nearby schoolyard where he continued his advances. The children complained to the parents of the prosecutrix, and defendant was taken into custody. During his interrogation by…