Cosby

The defendant was charged and convicted of the crime of assault with intent to commit rape. From the judgment and from the order denying his motion for a new trial he has appealed.

Appellant contends that the trial court erred in admitting certain testimony- offered by respondent, in refusing to give certain instructions asked by appellant, and in giving certain instructions for respondent. In order that we may intelligently pass upon these contentions it is necessary that we briefly review the facts. Elinor Bothello testified that about two days before the 17th- of August, 1933, she placed an advertisement soliciting work in the “Oakland Tribune”, stating therein her name and telephone number; that on August 17, 1933, she received a telephone call from a man who she afterward discovered to be the appellant. He made some inquiries from her over the telephone and then asked her to come to 1607 Grove Street. Shortly thereafter she did this, and found that the building at 1607 Grove Street was an old-fashioned residence that had been converted into housekeeping rooms. When she arrived there the appellant was sitting on the steps of the building and after a few words he asked her to…