Ronsse

Appellant was charged by an information with the crime of assault with intent to commit rape. He was convicted of having committed a simple assault, which charge was included within that upon which he was tried. This appeal is from the judgment and from an order denying his motion for a new trial.

It was alleged in the information that appellant assaulted one Dorothy Zeigler and used force and violence in the attempt to accomplish an act of sexual intercourse with the prosecutrix. The complainant’s testimony was to the effect that prior to the time of the alleged assault she had made an engagement of marriage with appellant, who was a veterinary surgeon; that upon the night of the twenty-seventh of December, 1913, after attending a theater with the accused, she accompanied him, at his request to his office, which was in a building then being used as a veterinary hospital. She testified that appellant first showed her through the office and drug-room at the hospital and that he then took her into his bedroom, which was adjoining the office, for the purpose, as he stated, of showing her some photographs; that she sat upon his bed and that he sat beside her while the photographs…