People v. Guiterez

THOMPSON (R. L.), J.

The defendant was convicted under section 288 of the Penal Code of lewd and lascivious conduct toward a child. Oh appeal it is contended the verdict is not supported by competent evidence; that the defendant was coerced to furnish evidence against himself by unwillingly submitting to a physical examination; that the prosecuting officer and the trial judge were guilty of prejudicial misconduct, and that the court erred in giving to the jury and in refusing to give certain instructions.

It is conceded the child, Julia Donati, who was but five years of age, was incompetent to…