People v. Barton

WOOD (Parker), J.

Defendant was charged in three counts with violations of section 288 of the Penal Code. Trial by jury was waived. He was found guilty on each count. His motion for a new trial was denied, and thereupon proceedings were suspended as to each count and he was granted probation. No judgment was entered. He appeals from the order denying his motion for a new trial. His notice of appeal also states that he appeals from “the final judgment.”

Appellant contends that the court abused its discretion by permitting the complaining witness, a girl 7 years of age, to testify. Section 1880…