People v. Dye

Appellant was charged with and convicted by a jury of a violation of section 288 of the Penal Code. He made a motion for a new trial which was denied, and he has appealed from the judgment and order.

The first contention of appellant is that the evidence is insufficient to support the verdict. In that connection he points out discrepancies in the testimony of the prosecuting witness, Richard Hernandez, a boy 12 years of age, as well as testimony tending to impeach him. He also argues the weakness of the testimony of other witnesses called by the prosecution. An appellate court, however, is not…