Waggoner

George Waggoner was found guilty by a jury of violating sections 288a (sex perversion) and 286 (sodomy) of the Penal Code. He has appealed from the judgment entered and from the order of the court denying his motion for a new trial.

Appellant does not contend that the evidence is insufficient to sustain his conviction of the crimes charged, and we therefore deem it unnecessary to state the sordid details of the *387 crimes. It is sufficient to state that the record amply supports the verdicts of the jury.

Only two contentions are made by appellant. The first is that it was error to receive the testimony of Buhel Forester Hicks, Jr., a 16-year-old boy, who testified in rebuttal for the prosecution. Hicks testified that in December of 1959 he was in appellant’s apartment with appellant; that appellant got into bed with him and asked him to submit to an act of sodomy; that after he (Hicks) refused appellant again made advances; and that after again being rebuked appellant told him that if he would live with appellant he would be furnished food and clothing.

Appellant did not testify in his own defense but called as witnesses three teen-age boys, each of whom testified that he had…