People V. Burton

Defendant appeals from a judgment of conviction pursuant to jury verdicts which found him guilty of two charges of violating Penal Code, section 288 (two lewd acts allegedly committed about an hour apart on August 15, 1958, against W, a 7-year-old girl), and from an order denying his motion for new trial. Defendant urges that   W was not a competent witness, that defendant's right of cross-examination was improperly restricted, that prejudicial evidence was erroneously received, and that the trial judge deprived defendant of his right to a verdict fairly expressing the independent opinion of each juror. We have concluded that many of the matters of which defendant complains were not errors and that, in any event, no miscarriage of justice appears. Accordingly, the judgment should be affirmed (Cal. Const., art. VI, § 4 1/2).