Dunlop

The defendant was convicted of the crime of assault with intent to commit rape, and was sentenced by the trial court to a term of two years in the state prison at Folsom.

The defendant appeals from the judgment of conviction and from the order denying his motion for a new trial.

The following facts were disclosed by testimony submitted to the jury by the people:

The scene of the alleged assault was in a village called Camino, in the county of El Dorado. The person upon whom the assault is alleged to have been committed is one Margaret Mosby, a child, of the age of eight years when the crime was committed, and the daughter of a Mrs. Esterline, then residing with her family in said village. The alleged crime was committed late on the afternoon of the eighteenth day of June, 1914.

The defendant and one Dan McMahon, common laborers, were, on the said eighteenth day of June, and had been for some days prior thereto, occupants of a -rented cabin situated in Camino.

During the day above named, both the defendant and McMahon had indulged freely in the use of intoxicating liquors and, a brief time prior to the commission of the alleged assault, they were visibly under the influence of…