Oster

—Defendant appeals from the judgment of conviction entered following a nonjury trial that resulted in his conviction of the crime of assault with intent to commit rape. (Pen. Code, § 220.) Prior convictions for assault with intent to commit rape and violation of Vehicle Code, section 503, were alleged and found to be true, Relying on Miranda v. Arizona, 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ], appellant contends that reversible error was committed when the trial court permitted the arresting officer to testify to a brief conversation had with appellant at his home prior to his arrest. We do not agree.

The evidence of appellant’s guilt is overwhelming. It is unquestioned that an assault upon the complaining witness with intent to commit rape was committed, but appellant testified that although he had been with her very shortly before the occurrence, he was not the perpetrator of the criminal attack. Both the victim and appellant testified that they had met in a bar at Long Beach; that after a telephone call to her mother the victim had stated that she had to go to Maywood, a difficult trip by bus; and that the victim and appellant thereupon left the bar…