Neely

Appellant was convicted of attempted rape.

The record supports the following statement of facts: Delores, the prosecuting witness, was a patient at Napa State Hospital. She testified that on March 3, 1963, she saw appellant at the hospital; that he pushed her into his car and drove off towards Vallejo. There was another man in the car. In Vallejo appellant received a ticket for a traffic violation, but Delores did not ask help from the officer because she was afraid. At Vallejo the other man left the car. Appellant pur chased some liquor and drove with Delores to the town of Stewart’s Point. Here appellant stopped and entered a store to purchase food. Delores also entered the store, where she physically seized a clerk and told him she had been taken from Napa State Hospital, and asked help. She also asked help from two boys outside the store, but no help was given. Appellant drove Delores a short distance farther, took her into a field, struck her on the head with a wine bottle, slapped her, cut off her undergarments with a pocket knife, and attempted to have sexual intercourse with her. He eventually left her in the field and she made her way back to the store.

Appellant…