People v. Pike

The appellant was found guilty by a jury of the crime of violation of section 288 of the Penal Code. Probation was denied and he was sentenced to imprisonment in the state prison for the term prescribed by law. He has appealed from the judgment and from the order denying his motion for a new trial.

We turn first to the contention of the appellant that the child involved, his daughter who was 5 years of age at the time of the alleged offense and at the time of trial, was not competent as a witness. The trial commenced on July 2, 1959. The deputy public defender who represented the appellant…