Rucker

Defendant appeals from a judgment of conviction of a violation of Penal Code, section 288a, after a jury trial.

Defendant’s contention that the evidence is insufficient to sustain the judgment is without merit. The offense of which he was convicted occurred in a public restroom having several stalls. By looking through the opening beneath the bottom of a stall door, an elevator man working in the building observed the feet of two men in one of the stalls. He summoned three other men employed in the building, one of whom looked over the top of the stall partition and observed defendant committing the offense with another man named Smith. The police were called and defendant and Smith were restrained from leaving the stall until the police arrived. While defendant and Smith were being held within the stall pending arrival of the police, the sounds of a struggle were heard from within the stall. A few minutes later the police arrived, removed defendant and Smith from the stall and placed them under arrest. Defendant had a small fresh cut over his right eye.

At the time of his arrest, defendant did not state that he had been forced to commit an act of sex perversion by Smith. Both…