People v. Smith

The district attorney filed an information against the defendant charging him with having committed three felonies: (1) An assault with intent to commit rape; (2) an assault with intent to commit the crime of kidnaping, and (3) a charge of grand theft. The defendant appeared and pleaded not guilty. A trial was had before the trial court sitting with a jury. During the trial the second count was on motion of the district attorney dismissed. Prom a judgment entered on that verdict the defendant has appealed and has brought up typewritten trans-scripts.

The defendant claims that the evidence is insufficient to support the verdict and that the verdict was the result of prejudice. In so far as he claims prejudice he bases it on the statement that the complaining witness was a beautiful young girl, and that the defendant is not prepossessing in appearance. ' The record before us does not disclose the appearance of the complaining witness nor the appearance of the defendant. As to whether the evidence is sufficient or insufficient rests on the fact that there were no other witnesses than the complaining witness who saw the acts done which the complaining witness charged against the…