McClure

appellant prosecutes this appeal from a judgment, by the terms of which he was sentenced to state prison, after a verdict by a jury finding him guilty of the crimes of rape and of assault with intent to commit rape, committed in Fresno County, state of California, upon June Bell, a woman of the age of about twenty-one years and not his wife.

Appellant urges three grounds upon which he seeks a reversal of the judgment: First, that the evidence was insuffi cient to sustain the verdict and judgment finding the defendant guilty of the crime of rape; second, that it was insufficient to sustain the verdict and judgment finding the defendant guilty of the crime of assault with intent to commit rape; third, errors of law occurring during the trial prejudicial to the rights of appellant. We will consider these grounds in the order in which they are stated.

The offenses for which the appellant was convicted occurred during an automobile ride taken by himself, June Bell and two others on the night of April 5, 1931. On the morning of the following day appellant admitted having had sexual intercourse with June Bell upon this occasion, maintaining that it was with her consent, and that he…