People v. Garrett

The defendant in this action was tried upon an information containing two counts. Count 1 charged the commission of an offense prohibited by section 288 of the Penal Code. Count 2 charged the commission of an offense described in section 288 (a) of the Penal Code.

The defendant was convicted upon count 1, and found not guilty on count 2. From the order of the court denying his motion for new trial as to count 1, and the judgment of conviction entered on the verdict of guilty of said count, this appeal is prosecuted.

During the course of the trial the defendant submitted to the court ten…