Lease

Defendant was accused, in two counts, of violating section 288 of the Penal Code in that he committed lewd and lascivious acts upon a girl under the age of 14 years. In a jury trial he was convicted on both counts. Probation was granted. He appeals from the judgment (order granting probation) and from the order denying his motion for a new trial.

*384 Appellant contends that the evidence was not sufficient to support the verdict ■ and that the court erred in not allowing him to impeach a witness.

Patricia, an 11-year-old girl, called as a witness by the prosecution, testified in substance as follows: In the evening of February 5, 1960, she and her father and mother visited at the home of defendant where the defendant, his wife and daughter were present. Patricia’s mother and father returned to their home that evening, but Patricia stayed all night at defendant’s home. The next morning the defendant’s wife left the house to go to a place where she worked—thereafter those who remained at the house were Patricia, the defendant, and his daughter Sue (3 years of age). Defendant prepared breakfast for the girls. After breakfast, the defendant called Patricia into the bedroom. When she…