Loza

Defendant was convicted of the crime of assault with intent to commit rape. The appeal is from a judgment of imprisonment and from an order made by the trial court denying to defendant a new trial.

[1] In support of the claim for reversal of the judgment, it is contended that the evidence was insufficient to warrant the verdict of the jury, particularly in that the identity of the defendant as being the person who committed the alleged assault was not established. We have carefully examined the transcript of the evidence and think that sufficient evidence is shown to fully support the verdict. A young girl, about the age of thirteen years, was on her way home from school in a country district in the county of Riverside on a day in November, 1918. It was approaching dark and her way led along an uninhabited road, by the side of which was brush or shrubbery. While passing along this road, she was accosted and seized by a Mexican, thrown to the ground and the rape was attempted. In order to still her cries the assailant beat her in the face so that blood- ran, and the child became partially unconscious. However, before the act designed had been accomplished, the assailant, evidently…