People v. Tober

Defendant appeals from a judgment on verdict convicting him of a violation of section 288 of the Penal Code.

Facts

The victim, Celia, aged 10 at the time of the offense, January 7, 1965, was in bed in her separate bedroom on the second floor of her mother’s home when defendant entered the bedroom on two occasions separated by a brief period of time. On his first entrance, he left the door open, which permitted entry of light through the open bathroom door, asked Celia her age and was told “ten years old,” said he thought she was 14; when she put her head under the covers licked one or both of…