Onessimo

Defendant, an Indian boy nineteen years of age, was convicted of an assault with intent to commit rape on a white woman of thirty-six years. He appeals from the judgment and from an order denying his motion for a new trial. The prosecuting witness is a married woman with two children, living on a ranch in Monterey County. Prom the ranch across Carmel River to a trail leading to the county road on which was the ranch mailbox is a suspension footbridge. Near the county road, but some little distance from the trail, is the home of the defendant. The trail is fringed with trees and underbrush, but at -a certain point can be seen from the county road. On the' morning in question the prosecutrix had been across the bridge, over the trail and to the mail-box for her mail. On returning she saw the defendant standing near the entrance to the trail, which sloped steeply up to the bridge. She waited for the defendant tó cross and come down the trail. She was afraid to meet him on the footbridge. As the defendant approached she said something about its being a nice day, and she noticed that defendant’s trousers, with the exception of the top button, were open. The trail was narrow and she…