Sylvis

The defendant in this case was charged by information No, 23725 with the crime of assault with intent to commit rape in count one, and in count two, with the crime of robbery. He was also charged in information No. 23751 with the crime of rape. Both in-formations having been issued by the district attorney of Los Angeles County,, were consolidated and the defendant tried upon all. of the charges at the same time.

The jury found the defendant guilty of rape, as charged in information No. 23751, and also guilty of robbery as charged in count two of information No. 23725, and not guilty as to the charge of assault with intent to commit rape, as set forth in count one of information No. 23725.

Defendant prosecutes this appeal from the judgment of the court and from the order denying his motion for a new trial on the two counts upon which he was found guilty.

It is urged on defendant’s behalf that the evidence was not sufficient to support the verdict finding the defendant guilty of the crime of rape as charged in information No. 23751.

From the testimony of the prosecutrix, Lulu Fuller, it appears that she, a woman of about forty years of age, on her way to attend a moving-picture…