People v. LaMantain

Defendant was charged with and convicted by a jury of committing lewd and lascivious acts on the body of a child of the age of 7 years, on or about March 2, 1948. During the opening statement to the jury the prosecuting attorney remarked that defendant committed the offense on two different occasions. He described the first alleged offense and then added that “the second incident was very similar in character.” Counsel for defendant requested the district attorney to then and there elect or indicate upon which incident the accusation was predicated. No error was committed by the trial court…