Degnen

Defendant was tried under an indictment in two counts. The first count, shortened by the omission of mere formal statements, reads that defendant “is accused ... of a felony, to-wit, assault with intent to murder, committed at and in the County of Los Angeles ... as follows, to-wit: That, on or about the 30th day of July, 1923, . . . the said defendant did willfully, unlawfully and feloniously and with malice aforethought by means of a certain deadly weapon, to-wit, a certain cord capable of strangling and killing, and with his hands, feet and body, make an assault upon the person of” the complaining witness, “with intent then and there, willfully, unlawfully, feloniously and with malice aforethought, to kill and murder the said” complaining witness. The second count, similarly shortened, is to the effect that defendant, “for a further and separate cause of action, being a different offense of the same class of crimes and offenses as that set forth in Count I hereof, ... is accused ... of a felony, to-wit, rape, committed at and in” the same county “ ... as follows, to-wit: That on or about” the same date “ . . . the said defendant did then and there, willfully, unlawfully and…