People v. Mit Singh

Good Law
1922 Cal. App. LEXIS 112·59 Cal. App. 64·209 P. 1013
Court of Appeal of CaliforniaSeptember 6, 1922Crim. No. 899.California1,338 words

Opinion

Lead Opinion

Craig, J.

The defendant was convicted of the crime of assault with intent to commit rape. He appeals from the judgment and the order denying his motion for a new trial.

From the evidence adduced at the trial it appears that the prosecuting witness and her husband lived in a small tank-house on the ranch of a man named Brown, which was about a block from a family named Carrillo. According to the prosecutrix, Singh came to her door about noon of December 25, 1921, in the absence of her husband. When she met Singh at the door he forcibly seized her and attempted to “hug and kiss” and throw her to the ground. After a struggle of some minutes’ duration in front of her house, during which the dress of the prosecutrix was torn, she broke away and ran to the Carrillo house. The defendant followed her with a pistol in his hand until he fell to the ground and she escaped. The prosecutrix is corroborated by three other persons who were at the Carrillo house (which was so situated as to give anyone there a view of the front of the house of prosecutrix) and saw defendant and the prosecutrix struggling together. They further testified that they saw the prosecutrix break away from the defendant and run…

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