People v. Bose

[744]

BURNETT, J.

The conviction was for the crime of lewd and lascivious conduct with a minor child and the appeal is from the judgment and the order denying a motion for a new trial.

1. The prosecutrix testified positively to facts constituting the offense and it was for the jury to determine whether she was telling the truth. We cannot say that her story is inherently improbable and no question of law is presented as to the sufficiency of the evidence to support the verdict.

(People

v.

Kuches,

120 Cal. 569, [52 Pac. 1002];

People

v.

Emerson,

130 Cal. 563, [62 Pac. 1069];

People

v.

Moore,

155 Cal. 241, [100 Pac. 688].)

2. Appellant complains of the action of the court in admitting evidence that prior to the alleged commission of the offense charged in the information he had exhibited to the prosecutrix a photograph of a naked woman. The fact is that the only objection made to the question was that no time or place was fixed. That objection was met, however, by a subsequent question and answer. But the evidence was admissible under various decisions of the appellate courts of this state.

(People

v.

Scott,

24 Cal. App. 440, [141 Pac. 945];

People

v.

Ah Leo,

28 Cal. App. 164, [151 Pac. 748].) In the latter case it is said by the second district court of appeal: “The testimony is admissible as corroborative of the main charge and as tending to show the disposition of the accused and his proneness to commit the crime of the particular nature involved. ’ ’