Hoffmann

Statement of the Case

By information defendant was charged with assault with intent to commit rape in violation of section 220 of the Penal Code (count I) and burglary in violation of section 459 of the Penal Code (count II) (entering a residence with intent to commit rape). Defendant’s motion to dismiss under Penal Code section 995 was argued and denied. The case proceeded to trial. The court denied a mistrial, and the jury was discharged when it advised the court that it was deadlocked and unable to reach a verdict. The case was then set for retrial. After retrial the jury returned a verdict of guilty of assault with intent to commit rape in violation of section 220 of the Penal Code (count I) and first degree burglary in violation of Penal Code section 459 (count II). Motion for new trial was denied, probation was denied, and defendant was sentenced to the state prison. Defendant appeals from the judgment and the order denying his motion for new trial.

Statement of Facts

On November 9, 1967, Mrs. Jane Flagg moved to a four-room cottage at 804 East Mountain Street, Pasadena, with her four-month-old daughter. She met defendant, who lived in the front apartment at 802…