People v. Miller

The defendant was charged with assault with intent to commit rape and a prior conviction of the crime of rape. He admitted the prior conviction, but entered a plea of not guilty to the crime charged. This appeal is from the judgment of conviction and the order denying his motion for a new trial.

At the time of the alleged offense the prosecutrix was twenty-two years of age, married and the mother of one child. She was then visiting at the home of her mother in Modesto, her husband being elsewhere at the time. In the afternoon of November 11, 1920, she went riding with the defendant in his automobile. On this trip the defendant turned off the main highway into a “little road,” stopped his machine, put his arms around the prosecutrix and proposed sexual intercourse, but she refused and protested against his conduct. He told her that he was sorry for his conduct, that he only did it to “find out what kind of a girl she really was,” and asked her forgiveness. After much protestation on his part she finally said she would forgive him. Certain witnesses for the defendant testified to having seen the parties, at the place mentioned, sitting in the machine with their arms around each…