Arenas

I concur. After a careful review of the record I find myself forced to concur in Mr. Presiding Justice White’s opinion affirming the judgment in this case. This court, as pointed out by Justice White, is bound by the substantial evidence rule. Tried by that rule the evidence is sufficient to sustain the judgment.

But the case leaves me with the uncomfortable feeling that an innocent man may have been convicted. It seems to me that if the trial court had had the benefit of observing every witness in the case and listening to his testimony, instead of reading part of it from the transcript of the preliminary examination, society would feel better about the conviction too. But so far as its legal aspects are concerned that phase of the case has been definitely set at rest in People v. Wallin, 32 Cal.2d 803 [ 197 P.2d 734 ].

I dissent. In my opinion the doctrine of reasonable doubt is particularly applicable and in the light of that doctrine the evidence is insufficient, as a matter of law, to support the judgment.

The district attorney of Los Angeles County filed an information wherein defendant was accused of the crime of assault with intent to commit rape, a felony, upon a female person under the age of 18 years.

Following the entry of a plea of not guilty, trial by jury was duly waived and the cause proceeded to trial before the court. Primarily, the People’s ease was submitted on the transcript of the preliminary examination, but other testimony was introduced by both the prosecution and defense. Defendant was adjudged guilty. From the judgment of conviction and the sentence imposed, defendant prosecutes this appeal.

We regard the following as a fair epitome of the evidence adduced at the trial: On the night of October 16, 1953, the complaining witness attended a football game at Leuzinger High School in Lawndale, Los Angeles County. During the half-time intermission in the game, and while the complainant *596 was walking behind the bleachers, a yonng man approached and engaged her in conversation. She asked the man for a cigarette and he told her there were some in his automobile. They thereupon proceeded to the vehicle, a 1946 Ford, entered the same and seated themselves on the rear…

The district attorney of Los Angeles County filed an information wherein defendant was accused of the crime of assault with intent to commit rape, a felony, upon a female person under the age of 18 years.

Following the entry of a plea of not guilty, trial by jury was duly waived and the cause proceeded to trial before the court. Primarily, the People's case was submitted on the transcript of the preliminary examination, but other testimony was introduced by both the prosecution and defense. Defendant was adjudged guilty. From the judgment of conviction and the sentence imposed, defendant prosecutes this appeal.

We regard the following as a fair epitome of the evidence adduced at the trial: On the night of October 16, 1953, the complaining witness attended a football game at Leuzinger High School in Lawndale, Los Angeles County. During the half-time intermission in the game, and while the complainant was walking behind the bleachers, a young man approached and engaged her in conversation. She asked the man for a cigarette and he told her there were some in his automobile. They thereupon proceeded to the vehicle, a 1946 Ford, entered the same and seated themselves on…