House

Defendant was charged with viola tion of section 220 of the Penal Code, assault with intent to commit rape. The information also alleged two prior felony convictions, both of which were denied at the time of plea but admitted by defendant outside the presence of the jury at the commencement of the trial. The jury found defendant guilty as charged, a motion for a new trial was denied, and defendant was sentenced to state prison. Judgment was pronounced on September 5, 1957, and on September 6, 1957, defendant’s counsel filed notice of appeal from the judgment and from the order denying the motion for a new trial. On September 12, 1957, defendant, acting in his own behalf, filed a second notice of appeal in which he appeals only from the judgment of conviction. Upon this state of the record we consider this as an appeal from the judgment and from the order denying the motion for a new trial.

Defendant urges two grounds for reversal: (1) That the evidence is insufficient to sustain the conviction of assault with intent to commit rape; and (2) That the court erred in failing to give a cautionary instruction regarding the testimony of the prosecutrix.

During the evening of June 14,…