People v. Heath

The information is in two counts, each of which charges the commission of a described lewd and lascivious act upon and with the body of a female child under the age of fourteen years. The first child will be herein designated as Gertrude and the second as Martha. A third count relating to still another child was “ordered off calendar” at the beginning of the trial.

Appellant’s first point is: “That the attitude of the prosecuting attorney was error in bringing before the jury imaginary offenses claimed to have been committed upon other girls. This he did after gaining permission of the court…