Jones

The defendant was convicted by a jury of assault with intent to commit rape, and from the judgment which followed this appeal is taken.

At 8:30 P. M. on the evening of September 11, 1930, Miss O. E. Ruttinger left a prayer meeting in Riverside, California, and after ■ walking three or four blocks to her home, stopped to do some watering in and about her garden before she entered the house. During the time she was watering she went into the house for the purpose of making a telephone call, and at that time turned on a dome light in the hallway of the second story of her home. Leaving this light burning, she returned to her watering, and at 9:15 again entered the house. She went into a kitchen on the second floor, where she turned on a light, lit the gas and put on a teakettle. She then passed along the hallway, where the light had been left burning, and as she arrived at the doorway to her bedroom she saw a man standing just inside the door. She asked him what he was doing in her house; he did not reply but reached forward, caught, her by the throat and threw her on a bed in the room. She fought as much as she could, and tried to scream but could make very little noise as he held…