People v. Avanzi

From a judgment of guilty of violation of section 288a of the Penal Code after trial before the court without a jury defendant appeals. There is also a purported appeal from the sentence.

Viewing the evidence most favorable to the People (respondent) the facts in the instant case are:

September 20, 1937, while in a state of voluntary intoxication, defendant committed an act prohibited by section 288a of the Penal Code upon a female eight years of age.

Defendant relies for reversal of the judgment on the following proposition:

Defendant was not guilty of the offense of which he was convicted,…