People v. Walker

Defendant was convicted upon a charge of violating the provisions of section 288 of the Penal Code hy committing a lewd and lascivious act upon the person of a little girl. He appeals from the judgment and from an order of the trial court denying his motion for a new trial.

The alleged victim of appellant was five years of age on April 30th, it was charged in the information that appellant committed the crime upon her on May 16th, and the trial of the charge commenced on August 5th, all in 1930. It is provided by section 1880 of the Code of Civil Procedure that “children under ten years of age…