People v. Huston

Defendant was convicted after trial by jury of violating section 288 of the Penal Code. This appeal is from the judgment and order denying his motion for a new trial.

The evidence being viewed most favorably to the people (respondent), the essential facts are:

In the spring of 1940 defendant on two separate occasions committed an act prohibited by section 288 of the Penal Code, to wit: He kissed the private parts of the prosecuting witness, a female of almost twelve years of age.

Defendant took the witness stand and specifically denied having committed any of the acts charged against him.

Defendan…