People v. Cessena

The defendant, who had been convicted of violating section 288 of the Penal Code, moved for a new trial. The motion was granted. The trial court specified that the motion was granted on' the grounds of errors of law and insufficiency of the evidence, both of which were urged by the defendant in support of the motion. Prom the order granting the motion the People appeal.

Appellant particularly complains that, on the hearing of the motion, the trial court erroneously admitted certain evidence consisting of an affidavit and the testimony of a member of the jury before whom the action was tried.…