Brady

The defendant, Thomas Brady, was convicted of an assault with intent to commit rape upon the person of one Jean Stanley. He has appealed from the judgment of conviction and from the order denying his motion for a new trial.

On the night of November 25', 1920, the prosecutrix, Jean Stanley, and a companion, Jessie Montgomery, were persuaded to enter a house at No. 1256% Howard Street, San Francisco, where they were subjected to most brutal treatment and vile indignity. As a result of those outrages, four men were separately tried and convicted, and their eon victions have recently been sustained on appeal. (People v. Murphy, 53 Cal. App. 474 [ 200 Pac. 484 ] ; People v. Kruvosky. 53 Cal. App. 744 [ 200 Pac. 831 ] ; People v. MacDonald, 53 Cal. App. 488 [ 200 Pac. 491 ]; People v. Carey, 53 Cal. App. 742 [ 200 Pac. 835 ].)

It was held on those appeals that the evidence established a conspiracy, on the part of those involved, to engage in acts of sexual intercourse with these young women either with or without their consent, and that, therefore, each conspirator was deemed guilty of every such crime committed in the furtherance of the conspiracy by any of the conspirators. The…