Antunez

Defendant was convicted of the crime of assault with intent to commit rape upon the person of Mrs. Victoria Mirandi, a married woman, and was sentenced to imprisonment for the term of seven years. He appeals from the judgment and from the order denying his motion for a new trial.

The sole proposition urged for a reversal is that the evidence was insufficient to justify the verdict.

Defendant testified to having had sexual intercourse with the prosecutrix on the day charged and on previous occasions but that it was mutually agreeable. He denied having assaulted her with intent to commit rape, or at all. There was testimony tending to impeach the character of the prosecutrix for truth, honesty, and integrity and also her character for chastity. Her testimony was that she was sick and confined to her bed on the day of the alleged assault; that defendant came into her bedroom and after remaining there a short time he proposed to get in bed with her; that she refused him, whereupon he struck her on the head and face with one of his shoes which he had taken off his feet, and otherwise assaulted her; that she made an outcry and called to two children who were nearby—calling them by…