People v. Nation

Opinion

MOSK, J.

Defendant appeals from a judgment of conviction entered on a jury verdict finding him guilty of lewd and lascivious conduct upon a child under 14 years of age (Pen. Code, § 288) while armed with a firearm (Pen. Code, § 12022).

The sole issue at trial was the identification of the defendant as the perpetrator of the crime. The facts of the crime and the somewhat convoluted identification process are as follows. In the twilight hours of February 14, 1976, Barbara, age 12, and 2 girlfriends, Lou and Therese, made a purchase at a doughnut shop. An employee of the shop later…