California Court of Appeal March 22, 1966, Crim. 2287 (People v. Tober)

WHELAN, J.

Defendant appeals from a judgment on verdict convicting him of a violation of section 288 of the Penal Code.

Facts

The victim, Celia, aged 10 at the time of the offense, January 7, 1965, was in bed in her separate bedroom on the second floor of her mother’s home when defendant entered the bedroom on two occasions separated by a brief period of time.