91 Cal. App. 2d 524 | Cal. Ct. App. | 1949
Appellant was convicted in a jury trial of three charges of violation of section 288 of the Penal Code. He appeals from the judgments urging insufficiency of the evidence to establish his guilt and error in the instruction of the jury.
The jury was instructed to the effect that whether the children consented to the conduct was immaterial except as it might tend to show a circumstance in a whole set of circumstance's to be considered in determining the innocence or guilt of the defendant. It is contended that evidence of consent or want of consent was highly material in determining the question as to the specific intent of the defendant. The claim is without merit. An instruction was given which defined the offense in the language of the statute. It is contended that the court should have given an instruction defining the words “lewd and lascivious.” In view of the evidence there was no necessity for such an instruction.
There is no merit in the appeal and the judgments are affirmed.
Wood, J., and Vallée, J., concurred.