People v. Tepper

Defendant was charged by information with the crime of violation of subdivision 2 of section 337a of the Penal Code. At a trial before the court without a jury he was found guilty. He prosecutes this appeal from the judgment of conviction.

It is the contention of defendant that the evidence is insufficient to justify the conviction. By stipulation the case was submitted to the court upon a transcript of the evidence received at the preliminary examination. It appears from the transcript that the only witness testifying for the prosecution was J. F. Fitzpatrick, a police officer, who, according…