FOURT, J.
The defendant was charged by an information with violating the provisions of section 288, Penal Code (crimes against children, lewd and lascivious acts), and section 285 of the Penal Code (incest). The trial was commenced with a jury on October 21, 1955, and prior to the swearing of any witness, and outside the hearing and presence of the jury, upon the motion of the district attorney, the count having to do with incest was dismissed. It was apparently established...
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