People v. Piccionelli

Defendant appeals from a conviction of violation of Penal Code, § 288, 1 lewd and lascivious conduct toward a child under the age of 14 years. The victim is a boy named Donald, aged 11 years at the time of the offense. The case is essentially one of fact though appellant, in addition to insufficiency of the evidence, claims error in refusal to give an instruction upon lesser and included offenses.

The only witnesses to the controlling facts are defendant and the boy. Their versions are squarely in conflict upon practically every cardinal fact. The child’s consent or want of consent is…